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THURSDAY, 30 OCTOBER 2008
French domain names: first decisions issued under new "Predec" dispute resolution procedure

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In July 2008, AFNIC (registry of the .fr domain and other French ccTLDs) launched a second dispute resolution policy. This new dispute resolution procedure, called "Predec", is aimed at resolving cases of obvious breaches of the provisions of the decree dated 2 February 2007. This decree forbids the booking of domain names that infringe prior IP rights or breach the names of institutions, national public-services and regional admninistrative structures.

Decisions are issued by the Registry itself (unlike other alternative dispute resolution procedures such as ADR, UDRP, or the French PARL, where independant panelists are appointed).

AFNIC will only render a decision in cases of "obvious" abuse of the provisions of the decree, for instance when the registration of a domain name:

  • identically reproduces the name of institutions of the French Republic, a public service or public institution;
  • identically reproduces the name of a local authority without the permission of the deliberating assembly, excepting in the case of exemptions covered in the decree;
  • identically or almost identically reproduces the name of institutions of the French Republic, a public service or public institution, whether or not it is associated with the misappropriation of a prefix such as "www", the effect of which would be to create confusion in the mind of the public;
  • identically or almost identically reproduces a trademark, whether or not it is associated with a misappropriation of a prefix such as "www" without the owner having any legitimate right or interest and without he/she/it having acted in good faith (typosquatting, dotsquatting );
  • identically reproduces the surname of an individual whether or not he/she is associated with misappropriation of a prefix "www" without the owner having any legitimate right or interest and without him/her having acted in good faith.

When a complaint is filed, the domain name at stake is frozen and a decision can be issued within 45 days. The decision might consist in the transmission, blocking or deletion of the domain name. Costs of the procedure amount to 250 euros per domain name.

In a press release issued on 27 October 2008, AFNIC announced that about twenty complaints have already been filed and that "litigious domain names concern local authorities as well as public services or trademark holders". The first decisions that were recently published mainly ordered the transfer of the domain name (most defendants indeed agreed to transfer the domain name). The transfer was however refused in one case where the complaint did not contain "evidence of lack of rights or legitimate interest of the owner on the domain name nor of the owner bad faith".

Posted by: Frédéric Glaize @ 00.04
Tags: ccTLD, dispute resolution policy, Domain names, France,
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MARQUES does not guarantee the accuracy of the information in this blog. The views are those of the individual contributors and do not necessarily reflect those of MARQUES. Seek professional advice before action on any information included here.


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