1. Mandatory Administrative Proceeding
1.1 The Registrant agrees to submit to a mandatory administrative proceeding before an independent and impartial panel (“the Administrative Panel”). The Administrative Panel shall be appointed by the World Intellectual Property Organization (“WIPO”) Arbitration and Mediation Center (“the Provider”) in accordance with the WIPO Dispute Resolution Rules of Procedure for .ie Domain Name Registrations in the event a Complainant claims that:
1.2 The fact that the Registrant has registered the domain name, the subject of the dispute, does not constitute evidence of rights in law or legitimate interests in accordance with Paragraph 1.1.2.
1.3 Protected Identifiers for the purpose of this Policy are:
1.4 The Complainant carries the burden of proving, prima facie, that the three conditions specified in Paragraph 1.1 are met.
1.5 Unless otherwise agreed between the IEDR, all Parties and the Panel, the IEDR cannot be joined as a party to and shall not participate in any way in the Administrative Proceeding.
2. Evidence of Registration or Use in Bad Faith
2.1 The following factors, in particular but without limitation, may be considered as evidence of registration or use of a domain name in bad faith:
3. Evidence of Legitimate Rights
3.1 The following factors, in particular but without limitation, may be considered as evidence of rights to, or legitimate interests, in the domain name:
4. Initiation of Proceeding and Process
4.1 The requirements and process for initiating and conducting a proceeding and for the selection of an Administrative Panel are set out in the WIPO Dispute Resolution Rules of Procedure for ie Domain Name Registrations, which can be found at http://arbiter.wipo.int/domains/rules/ie.html.
5. Decisions and Remedies
5.1 The decisions which an Administrative Panel can take in respect of a dispute shall be limited to:
5.2 The fact that a Complainant is deemed to have rights in a geographical indication for the purpose of submitting a complaint under this Policy is without prejudice to the Panel’s determination of whether the Complainant is entitled to a transfer of the registration, should the complaint be found by the Panel to meet the conditions specified in Paragraph 1.1 of this Policy.
6. Implementation of Decisions By Registry
6.1 A Panel decision to transfer a domain name registration shall be subject to the prevailing party meeting the registration conditions for .IE at the time of implementation of the decision. If such conditions are not met, the domain name registration subject to the dispute shall be cancelled.
6.2 A Panel decision to cancel or transfer a domain name registration shall be automatically stayed for a period of 21 working days from the date of notification by the Provider to the Parties and the IEDR. If within 21 days of notification the IEDR is put on actual notice of the commencement of proceedings before the courts of Ireland by a Party in relation to the domain name registration the subject of the decision, the decision shall be stayed and not implemented by IEDR until court order or agreement with and between the parties.
6.3 Otherwise, the IEDR shall implement the Panel decision in so far as it reasonably can.
7. Court Proceedings
7.1 This Policy is without prejudice to and shall not prevent any party to the proceeding from submitting the dispute to a court of law for independent resolution at any time.
8. Transfers During a Dispute
8.1 The Registrant may not transfer a domain name registration:
IEDR reserves the right to cancel any transfer of a domain name registration which does not comply with this subparagraph.
8.2 A Registrant may not transfer the hosting of a domain name to another registrar during a pending administrative proceeding initiated pursuant to Paragraph 1 or for a period of 21 working days after their conclusion.
9. Limitation of Liability
9.1 The IEDR, its directors, members, agents, employees and representatives shall not be liable to a Registrant, a Complainant or any other person for any loss or damages (whether or not foreseeable) including special, indirect, exemplary, punitive or consequential damages resulting from loss of use, lost business revenue, lost profits or third party damages arising in any way from:
10. Policy Modifications
10.1 The IEDR reserves the right to modify this Policy at any time. Any revised policy will be posted on IEDR’s Website. Modifications shall take effect 30 calendar days following posting of the new policy.
Complaint or Response Filing with WIPO