DOMAIN NAME DISPUTES MECHANISM INTRODUCED

05/01/2001

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In recent times disputes over Internet domain names have become commonplace, and the ex-isting channels of administrative and judicial remedy were inefficient and does not provide effective means to resolve such disputes speedily and effectively. The Taiwan Network Informa-tion Center (TWNIC), which is responsible for domain name registrations in Taiwan, has drawn up a Domain Name Dispute Resolution Policy, and Rules of Procedure, based on the Uniform Domain Name Dispute Resolution Policy (UDRP) of the US Internet Corporation for Assigned Names and Numbers (ICANN). After two public hearings to solicit opinions from a wide variety of sources, the policy and rules of-ficially took effect on 7 April 2001.

Under the policy and rules, a complainant wishing to challenge an existing registered do-main name may, under certain conditions, file a complaint with a dispute resolution service pro-vider approved by the TWNIC (the only pro-viders recognized to date are the Taipei Bar Association, and the Science and Technology Law Center of the Institute for Information In-dustry). To resolve the dispute, an expert panel appointed by the dispute resolution service pro-vider (with the participation of both parties will make a decision based on the content of the complaint and response submitted by the parties.

A complaint may be filed if all of the following conditions apply:

The registered domain name is identical or confusingly similar to a trademark, mark, personal name, business name or other em-blem of the complainant.

The registrant has no rights or legitimate in-terest in the domain name.

The registrant has registered or used the do-main name in bad faith.

If, within 20 days after the TWNIC receives a decision from a dispute resolution service pro-vider requiring the disputed domain name to be canceled or transferred, the registrant does not submit documents, in accordance with the rules, evidencing that it has instituted legal proceedings, the TWNIC must implement the panel's decision by canceling or transferring the domain name.