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We will introduce a new process for handling disputes for .ie domain names on 1 July 2019.
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The Alternative Dispute Resolution Policy (ADRP) will offer an easier and more affordable option for disputing a .ie domain registration.
It is expected that the process will be particularly beneficial for small and micro businesses. This is due to the simplicity of the process, and the reduced costs associated with opening a dispute.
The process will be operated by Net Neutrals EU, http://www.netneutrals.eu/, an accredited dispute resolution body under the European Union (Alternative Dispute Resolution for Consumer Disputes) Regulations 2015. This operator was selected as the preferred process operator by the .ie Policy Advisory Committee following a tendering process with potential operators.
Types of disputes handled under this Policy
The Alternative Dispute Resolution Policy has been designed to address a wide variety of disputes about .ie domains. Some of the dispute types that can be submitted to the ADRP include:
Business-to-business disputes about registration or use of .ie domains
Family business disputes about registration or use of .ie domains
Disputes relating to a .ie domain being registered by a party such as a web-developer on behalf of a client
Instances of impersonation / passing-off in relation to the registration or use of a .ie domain
Instances of defamation in relation to the registration or use of a .ie domain
Instances where a .ie domain has been registered solely to sell or rent it to another party
Instances where a .ie domain has been registered or used to disrupt a competitors’ business
Instances of fraudulent activity in relation to the registration or use of a .ie domain
Instances where a .ie domain holder is dissolved
Circulation of racist or defamatory material in relation to the registration or use of a .ie domain
Misleading or confusing internet users into thinking a .ie domain is operated by the Complainant
Four potential services will be available under the Alternative Dispute Resolution Policy (ADRP):-
Mediation – a trained independent mediator will help the Registrant and Complainant discuss the issues in order to resolve the dispute quickly and amicably.
Summary Decision – if the Registrant doesn’t respond to the dispute and the Complainant requests the transfer or deletion of the domain, the Specialist reviewing the matter will make a decision on the dispute based on the information provided by the Complainant only.
The Specialist may decide to transfer the domain registration to the Complainant, or may decide that no action should be taken (and the Registrant will therefore keep the domain registration), or may decide that the domain registration should be deleted.
Specialist Decision – if the Registrant responds to the dispute and the Complainant still requests the transfer or deletion of the domain, the Specialist reviewing the matter will make a decision on the dispute based on the information provided by both the Registrant and the Complainant.
The Specialist may decide to transfer the domain registration to the Complainant or may decide that no action should be taken (and the Registrant will therefore keep the domain registration), or may decide that the domain registration should be deleted.
Specialist Opinion – this service will be available where a potential Complainant wants a non-binding opinion from the Specialist.
This may be helpful where a Complainant is considering submitting a complaint through the ADRP or is perhaps considering escalating the matter through the Irish Court Service. Note that no action is taken against the domain registration in this instance.
Criteria for submitting a complaint
If you want to submit a dispute against a .ie domain registration, you must prove that:
You would ordinarily be eligible to register the domain name in question if it was not already registered by the Registrant
You (i) have rights in the domain name or in marks or identifiers very similar to it, or (ii) that your rights have been negatively impacted by the registration (iii) the registration of the domain should be revoked as it has been registered or used abusively or in bad faith.