NEW ZEALAND – DOMAIN NAME DISPUTES RESOLUTION POLICY IMPLIMENTED
New Zealand has entered into the age of alternative dispute resolution for domain name disputes.
The Dispute Resolution Service (DRS) came into existence on 21 June 2006, to resolve domain name disputes in the .nz domain name space. Prior to this, the only recourse that an aggrieved party had against a domain name holder, was recourse to the High Court.
The aims of the DRS are similar to that of the ICANN disputes resolution system.
There are three levels of dispute resolution:
1. Informal Mediation;
2. Expert Determination;
3. Appeals
The DRS follows precise procedures in resolving domain name disputes.
A dispute is resolved in favour of a Complainant only if a Complainant can show that the domain name in question is one which is an “unfair registration”.
In terms of the rules of the DRS:
Unfair Registration means a Domain Name which either:
i) was registered or otherwise acquired in a manner which, at the time when the registration or acquisition took place, took unfair advantage of or was unfairly detrimental to the Complainant's Rights; OR
ii) has been, or is likely to be, used in a manner which took unfair advantage of or was unfairly detrimental to the Complainant's Rights
For more information please contact updates@acacialaw.com
Article posted on www.acacialaw.com on 9 August 2006
