Regulations on the Procedure of alternative dispute resolution of. My
Effective August 1, 2007
Accordance with the Charter of the domain naming. My, the Regulations on the Procedure of alternative dispute resolution of. Applies to my domain names. My relating to a trademark, trading or service protected in Morocco. It governs the alternative method of resolving disputes between an applicant and a defendant on a domain name. My. The regulation applies, an exception to the principle of non-retroactivity of the Charter, to all domain names registered with the manager. The defendant submits to it by accepting the terms of the Charter.
For purposes of this Regulation, by ANRT National Agency of Telecommunications Regulation. The agency responsible for managing the area. My.
Center the WIPO Arbitration and Mediation Center World Intellectual Property Organization (WIPO).
Charter Charter naming domain. my.
Coordinates all available information such as email and postal addresses and telephone numbers and fax numbers.
Defendant the owner of the domain name in dispute or objects of the domain names in dispute, against which an alternative procedure for dispute resolution has been committed.
Expert the person designated by the Centre to decide a procedure alternative dispute resolution of domain names covered by this Regulation.
Freezing operations that the operation is to prevent any changes to the domain name (transfer of the domain name to another holder or change of provider).
Manager agency responsible for administrative and technical management of domain names.my, maintenance of databases and search services and operation of public servers.
Remedies the remedies can be sought and obtained by the applicant in proceedings governed by these regulations. They are limited to the removal or transfer of the domain name to the applicant.
The domain name consists of an alphanumeric term a radical and an extension. A domain name is an IP address.
Provider organization acting as an intermediary between the manager and the plaintiffs, and who is responsible for recording and editing information on domain names of its customers (applicants or holders of domain names).
Process or procedure alternative dispute resolution procedure alternative dispute resolution governed by these Rules, brought by the applicant against a defendant on one or more domain names of the defendant.
Regulations governing the settlement procedure alternative dispute resolution between an applicant and a defendant on a domain name registered with the manager. The defendant submits to it by accepting the terms of the Charter.
Requiring a person or entity who commits an alternative procedure for resolving disputes relating to one or more domain names of the defendant.
Remove the operation of deleting the domain name service DNS and WHOIS database so that the domain name, which is no longer operational, falls into the public domain and may be registered by a new owner.
Transfer of technical and administrative operation conducted by the manager of ensuring the transfer of a domain from one holder to another.
2. Applicable Disputes
a. Mandatory procedure. The defendant is required to submit to a mandatory procedure in case a third party (the applicant) submitted to the Centre that:
(I) the domain name is identical or similar to the point of confusion, a trademark, trading or service in which the Complainant has rights protected in Morocco and
(Ii) the Respondent has no rights over the domain name or legitimate interest which attaches to it, and
(Iii) the domain name was registered or used in bad faith.
In the procedure, the complainant must prove that these three elements are present.
b. Proof of registration or use in bad faith. Proof that the domain name was registered or used in bad faith may consist, in particular, provided that their reality is proven by the expert , by the following circumstances:
(I) circumstances indicating that Respondent has registered or acquired the domain name primarily for the purpose of selling, renting or otherwise transfer the registration of the domain name to the complainant who is the owner of the mark factory, trade or service protected in Morocco, or to a competitor of it, for consideration and for a price exceeding the costs that the defendant can show that he paid in direct relation to the domain name;
(Ii) the Respondent has registered the domain name to prevent the owner of the trademark, trademark or service protected in Morocco from reflecting the mark as a domain name, and the defendant is engaged in a pattern such conduct;
(Iii) the Respondent has registered the domain name primarily for the purpose of disrupting the business of a competitor;
(Iv) by using this domain name, the Respondent has intentionally attempted to attract, for commercial gain, Internet users to a website or other on-line location, by creating a likelihood of confusion with the complainant's mark as regards the source, sponsorship, affiliation or approval of defendant's site or web space or a product or service that is offered.
c. How to prove, in response to a request, his rights to a domain name and legitimate interests attached to them. If the expert to be proved based on its evaluation of all evidence presented, the evidence of rights defendant of the domain name or legitimate interest which attaches to it, can be incorporated, in particular, by one of the following circumstances:
(I) before any notice of the dispute, the respondent used the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services, or made serious preparations for that purpose ;
(Ii) the defendant is known by the domain name in question, even without acquiring rights to a trademark, trademark or service, or
(Iii) the Respondent is making a legitimate noncommercial or fair use of the domain name without intent to divert consumers for commercial gain by creating confusion or to tarnish the trademark, trademark or service involved.
3. Institution dispute resolution
(A) In this Regulation, the Centre is the institution administering the dispute resolution procedure alternative dispute resolution.
(B) The ANRT and the manager are not parties to the proceedings alternative dispute resolution, but meet their obligations under these Rules and under the terms of the Charter.
(C) The Centre is independent of the ANRT and the manager. It is not subject to guidelines in the administration of the alternative method of dispute resolution.
(D) The Centre shall keep confidential nonpublic information that he learned as part of the administration of the alternative method of dispute resolution.
4. List of experts
(A) The Centre shall establish and publish a list of experts and their qualifications.
(B) The expert must be qualified lawyers under Moroccan law.
(C) There is no right to an entry in the list. The composition of the list can be tailored to the needs according to experiments conducted by the Centre. The Centre may change at any time the list of experts.
5. Independence of experts
(A) Experts must be independent. Before their appointment is accepted, they must disclose to the center all the elements that are likely to raise serious doubt on their independence.
(B) When, during the procedure, new elements appear to be capable of raising serious doubts on the independence of an expert, the expert concerned must immediately disclose these items to the Centre.
(C) An expert appointed under this procedure shall represent any party in the same case as part of a judicial or extrajudicial whatever form.
6. Replacement of an expert
(A) The Centre may replace an expert when, after the appointment of the expert concerned, it considers that there are elements being such as to raise serious doubt on its independence.
(B) A party may, within five (5) days after the appointment of an expert, advance in writing of the elements being capable of raising serious doubts on the independence of the expert concerned. In this case, the Centre decides under paragraph (a), unless waived by the expert in question itself.
(C) The Centre may replace a nominee as part of an alternative procedure for resolving disputes when the expert is rendered unable, for legal or effective, to meet its obligations under the procedure in question, or it fails to meet these obligations within a reasonable time.
(D) The Centre may replace an expert when both parties requested in writing within five (5) days of the appointment, replacement of the expert in question. In this case, the Centre may, taking into account the specific case, decide that is paid to the expert replaced some or all of the fees due to him under Schedule of Fees Centre. The Parties shall bear equally the additional expense generated, unless they have agreed to a different distribution of these costs.
7. Communications and deadlines
(A) The request is transmitted by the Centre to all postal address and fax numbers, and all email addresses available. These are the addresses:
(I) provided by the ANRT report by the Centre on behalf of the holder of the domain considered contentious or
(Ii) reported to the Centre by the applicant or the defendant.
(B) All other written communications relating to the procedure are made where possible by email.
(C) Each party may update its contact details by contacting the other party at the Centre, the Manager and the ANRT.
(D) Except as provided in this Regulation or decided by an expert, all communications provided for in this Regulation shall be deemed to have been made:
(I) if made by fax, the date indicated on the confirmation of transmission;
(Ii) if made by mail or by courier, the date stamped on the receipt;
(Iii) if made by e-mail, the date on which the communication was transmitted.
(E) Except as provided in this Regulation, all the deadlines imposed by a communication under these Rules shall begin at the earliest possible date determined under paragraph (d).
(F) In some cases, the Centre or an expert, once appointed, may extend for a reasonable period, the deadlines in these regulations, based on request of a party or at its discretion.
(G) All communications:
(I) an expert to a party shall also be forwarded to the Centre and the other party;
(Ii) a party to the Centre must also be transmitted to the other party and, during the period of his appointment to the expert;
(Iii) a party must be forwarded to the Centre and, after the opening of the alternative method of dispute resolution, the other party and, during the period of his appointment to the expert.
8. Language of proceedings
(A) The procedure is conducted in French, without prejudice to the ability of the Centre or the expert to decide otherwise exceptionally at the request of either party or both, or at its option, given the elements of the alternative method of dispute resolution.
(B) The exhibits filed as evidence in a language other than French may be registered in that other language. The Centre or the expert can, however, require the submission of a complete or partial translation of these documents in French, at the expense of the party.
9. Suspension of the procedure
Based on the applicant's request, the Centre or the expert, once appointed, may suspend the procedure alternative dispute resolution for a reasonable time. The resumption of the proceeding is held upon request of the applicant or ex officio by decision of the Centre or expert, once appointed. The domain name remains frozen during the suspension.
10. Further processing unnecessary or impossible
When, for whatever reason, the continuation of the alternative method of dispute resolution becomes unnecessary or impossible before pronouncement of a decision, the Centre or the expert, once appointed, says the procedure is completed, unless a party raises based objections against this statement, in the time allotted by the Centre or the expert.
11. Legal proceedings
(A) This regulation does not prevent the parties submit the dispute to a competent court for a judicial decision.
(B) Where a party initiates legal proceedings in the same case for
an alternative method of dispute resolution, it shall immediately notify the Center.
(C) Where proceedings are initiated before or during a procedure alternative dispute resolution, it is the Centre or expert, once appointed, to decide whether to suspend, continue or put an stop the procedure alternative dispute resolution.
12. Taxes and fees
(A) The applicant shall pay the taxes and fees of the alternative method of dispute resolution set out in the Schedule of Fees of the Center, provided that sections 6 (d), 12 (d) or 19 n ' not provide otherwise. When there has been no appointment of an expert, the Centre renders the applicant's fee paid expert, set out in the Schedule of Fees Centre.
(B) The Centre is not obliged to act before receiving the taxes and fees set out in its Schedule of Fees.
(C) When the center does not receive taxes and fees within ten (10) days from the filing of the application, the application is considered withdrawn and the Centre says the process is complete.
(D) In special cases and founded the Centre may require one party or both the payment of additional fees, subject to sections 6 (d) and 19.
II. Conduct of proceedings
A. Request and Response
(A) The alternative procedure of dispute resolution is initiated by filing a request with the Centre in accordance with this Regulation.
(B) The application must be submitted to the Center in writing in four copies and in electronic form (except for parts not available in this form) and contain the following information:
(I) the domain name in dispute,
(Ii) the names and contact information of the applicant,
(Iii) if the applicant is represented in the proceedings of alternative dispute resolution, names and contact representative and an adequate proxy,
(Iv) the defendant's name and all known details about the applicant and the defendant of a potential to represent the defendant in sufficient detail so that the request can be transmitted by the Centre under the procedure provided in Article 7 (a),
(V) the remedy sought, whether the applicant requests the transmission or deletion of the domain name in dispute,
(Vi) a statement of reasons explaining such (this part of the application must be limited to 5000 words maximum):
(1) or how the domain names are identical or similar to the point of confusion, a trademark, trading or service protected in Morocco in which the complainant has rights; and
(2) why the Respondent should be considered as having no right or on the domain names that are the subject of the complaint or legitimate interest thereon; and
(3) or why the domain names should be considered as having been registered or used in bad faith. (This statement should, for elements (2) and (3), develop all relevant points referred to in paragraphs 2. B. And c. Regulation,
(Vii) an explanation of any legal proceedings that were or are being compared to the domain name in dispute,
(Viii) confirmation that the applicant has given the order to pay the Center tax and fees due under Article 12 and the Schedule of Fees,
(Ix) a statement that the applicant agrees, as regards appeal by the defendant against a decision requiring the transfer or deletion of the domain name, to submit to the jurisdiction of Moroccan courts.
(X) the final declarations below, followed by the signature of the applicant or his authorized representative:
"The Complainant agrees that its claims and rights in registration or use of the domain name, the dispute or the resolution of the dispute, are directed solely against the holder and waives all claims of this nature against the ANRT, the manager, the provider or the Centre, as well as its organs, officers, employees and representatives, as well as against the experts appointed by the Centre, provided that such claims are not based on willful negligence. "
"The applicant states that to his knowledge, the information involved in this application is complete and accurate, and that this application is not submitted abusively."
(C) The application must also be accompanied by supporting documents or other evidence, including, where applicable, the registration of the trademark, trademark or service which is based on the application and a checklist of these items.
(D) The request may relate to more than one domain name, provided that all domain names are registered by the same defendant.
14. Freezing operations on the domain name
(A) The Centre warns ANRT and the manager immediately after the filing of the application to the Centre.
(B) The operations manager freezes the disputed domain name upon receipt of such notification, for the duration of the procedure alternative dispute resolution and, where applicable, under section 23 (c), in- beyond procedure.
(C) The freezing of operations on a domain name is made pursuant to the terms of the Charter.
15. Notification of the request
(A) The Centre shall consider whether the application meets the formal requirements in this Regulation. If the request is confirmed, the Center transmitted it to the defendant, as defined in Article 7 (a), if possible within five (5) days of receipt of taxes and fees paid by the applicant under section 12 and Schedule of Fees Centre.
(B) Where the application does not meet the formal requirements of this Regulation, the Centre shall inform the applicant of the deficiencies in the summing of remedy within five (5) days. If the applicant does not remedy the deficiencies noted, the application is considered withdrawn after the deadline, and the Center says the process is complete. The applicant is free to file another application in the same case.
(C) The date of commencement of proceedings is the date the Centre shall request the defendant under section 7 (a).
(D) The Centre shall inform the applicant, the defendant, the ANRT and the manager of the date when the procedure begins.
(A) Within twenty (20) days from the date defined in Article 15 (c), the opening of the alternative method of dispute resolution, the defendant must file a response with the Center.
(B) The answer must be given in writing in triplicate and in electronic form (except for parts not available in this form) and contain the following information:
(I) a position on the statements and allegations contained in the application, including defense stating the reasons why the defendant should retain the domain name in dispute (this part of the response must be limited to 5000 words maximum)
(Ii) the names and contact information of the defendant,
(Iii) if the defendant is represented at the alternative method of dispute resolution, names and contact information and a representative of the corresponding proxy,
(Iv) an explanation of any legal proceedings that were or are being compared to the domain name in dispute,
(V) Closing statements below, followed by the signature of the defendant or his authorized representative:
"The defendant stated that to his knowledge, the information contained in this response is complete and accurate, and that this response is not being submitted abusively."
(C) The response must also be accompanied by supporting documents and other evidence adduced by the defendant, together with a list of these parts.
17. Appointment of expert
(A) The Centre will appoint a single expert's list, taking into account its availability and qualifications required in this case.
(B) The appointment must if possible be held within five (5) business days following the date on which the Center received the answer, or after the expiry of the deadline for filing a response.
(C) Once the expert, the Centre shall forward the case file and report the name of the expert to the parties.
18. General skills of the expert
(A) The expert leads the alternative method of dispute resolution as it considers appropriate in respect of this Regulation. It ensures that the parties are treated equally and that each has the opportunity to present his case adequately under these Regulations.
(B) The expert decides on the admissibility, relevance, materiality and weight of the evidence.
(C) If deemed appropriate, the expert may exceptionally require parties other explanations or documents the request and response, or permit the submission of the application under either party.
Any hearing person is excluded (including by telephone conference, video or Internet), unless the expert decides, in exercise of its discretion and in exceptional cases, a hearing is necessary for him could rule on the request.
(A) If, in the absence of exceptional circumstances, a party breaches any of the deadlines set by these regulations or by the expert, it will continue the proceedings and make its decision.
(B) If, in the absence of exceptional circumstances, a party fails to comply with the provisions or conditions of this Regulation or a statement of the expert, it may draw such inferences it considers appropriate.
(A) The Expert shall decide the application in light of the statements and documents submitted by both parties, in compliance with this regulation.
(B) By the measure of relief sought, the expert can decide only the removal or transfer of the domain name, or deny the application.
(C) The expert shall grant the request when the three elements of paragraph 2. a. met, including proof that the applicant has a trademark, trading or service protected in Morocco.
(D) The decision, motivated, shall be in writing and state the date on which it was rendered and includes the name of the expert.
(E) Except in exceptional circumstances, the expert sends the decision - signed in triplicate and in electronic form - to the Centre within fourteen (14) days from the date of his appointment.
22. Notification and publication of the decision
(A) The Centre shall submit a signed written copy of the decision to each party, and an electronic version of the decision to the parties, the ANRT and the manager.
(B) All decisions made under these Regulations are published in full on the website of the Centre unless the expert excludes exceptional passages of the publication of its decision.
23. Execution of the decision
(A) Except as prescribed in paragraph (b), a decision ordering the removal or transfer of the domain name in dispute is run by a manager after the period of thirty (30) days from the day communication of the electronic version of the decision to the parties, the ANRT and the manager. The execution of the decision remains subject to the terms of the Charter.
(B) If the defendant would convey to the ANRT and the manager, within such thirty (30) days, a document certifying that a Moroccan court was seized of proceedings (eg copy of a application, bearing the registration stamp of the clerk of court), ANRT and manager suspending the operation of the decision until they receive is a document certifying that the procedure has no place being, or a court decision has been reached in the terms provided in the Charter.
(C) Until the implementation of the decision or until the conclusion of judicial proceedings pursuant to paragraph (b), the domain name will remain frozen unless conflicting judgment rendered by a Moroccan court, this court ruling is applied by ANRT and manager in the conditions covered by the Charter.
III. Final Provisions
Except in cases of willful neglect, the Centre, the ANRT, the manager, the provider or expert are released from any liability to the parties with respect to any acts or omissions in connection with proceedings conducted in under this Regulation.
25. Amendments to Regulation
(A) The Centre reserves the right to amend these rules.
(B) the ANRT Centre may propose to amend this regulation.
(C) Amendments shall enter into force after the period of thirty (30) day period following the publication of the amended version of this Regulation on the website of the ANRT. When alternative procedures for resolving disputes, the applicable version is the one that prevailed at the time of filing the application to the Centre.