RESOLUTION OF DOMAIN NAME DISPUTES
The most recent source for this dispute policy can be found here at: Nic.cz.
DISPUTES BETWEEN CZ.NIC AND DOMAIN NAME HOLDERS
Disputes between CZ.NIC and domain name holders, pertaining to domain names registered by the user are, based on the provisions of Article 15.1. of .cz Registration Rules resolved by the Arbitration Court of the Chamber of Commerce and Agriculture of the Czech Republic.
DISPUTES BETWEEN DOMAIN NAME HOLDERS AND THIRD PARTIES
The Alternative Dispute Resolution Rules document contains provisions on resolving disputes over domain names and an institute of arbitration public offer, which should contribute to more timely resolution of domain name disputes for .CZ domains. Domain name holders are obliged to express qualified agreement with the valid version of Alternative Dispute Resolution Rules.
Provisions of the Alternative Dispute Resolution Rules state that a third party which thinks that their rights were injured by registration of a domain name may decide to resolve such dispute using a general jurisdiction court, or using the Arbitration Court of the Chamber of Commerce and Agriculture of the Czech Republic. Should such third person decide to use the Arbitration Court of the Chamber of Commerce and Agriculture of the Czech Republic, the domain name holder is obliged to comply with its ruling.
INTERPRETATION OF THE PROVISIONS OF ARTICLE 16.4. OF THE CCTLD .CZ DOMAIN NAME REGISTRATION RULES
The following interpretation of the Registration Rules is intended as a description of CZ.NIC's approach to handling domain name disputes. The interpretation is based on the technical capabilities of the registration system and should be used as a source for formulating motions, by both plaintiff and judge. Handling of domain names subject to disputes is not limited to cases described here only and it is not impossible for the plaintiff or the judge to formulate a different motion. However, in such case it might be difficult to ensure implementation of the court's decision technically!
ACCEPTED DECISIONS
Decisions by * general courts, * arbitration courts * and ad hoc arbitrators are used as basis for implementation of decisions regarding domain names.
- The decision must be submitted to CZ.NIC as original or a notarised copy.
- The decision must include a clause defining its legal force and enforceability (unless it is a preliminary ruling).
- The decision by an ad hoc arbitrator
- The decision must be submitted to CZ.NIC as original or a notarised copy.
- The decision must include a clause defining its legal force and enforceability (unless it is a preliminary ruling).
When a decision by an ad hoc arbitrator is being submitted, documents showing that both parties to the dispute agreed to use an ad hoc arbitrator must be included (declaration, arbitrator agreement, or arbitration clause).
IDENTIFICATION
The decision must contain a clear identification of the domain name it pertains to, otherwise it will not be implemented. The decision must contain a clear identification of the domain name's holder.
CZ.NIC does not have to be a party to the proceedings issuing the decision. CZ.NIC will implement the required cpr144449003101 action even if it is not a defendant and court action was only taken against the domain name holder.
Should CZ.NIC be required by the decision to change a domain name's holder, the person who is the new holder must submit contact information for the registration process within 3 days of submission of the decision. In absence of such contact information, CZ.NIC generates a New Contact. CZ.NIC then informs the holder of the identification details of the holding subject.
ACTIONS
This part describes most common decisions taken in domain name disputes, descriptions of actions CZ.NIC performs and a time period within which they can be performed.
Decision (with actions by CZ.NIC):
- Refrain from using (operating) domain name:
CZ.NIC cancels domain name delegation, that is deletes domain name details from the primary nameserver. However, this does not make the service the domain name pointed to (for example http, ftp, mail) inaccessible by other means (such as by using an IP address).
- Refrain from transferring the domain name to a third party, with the exception of the plaintiff:
CZ.NIC disables the possibility of changing the domain name holder. For transfer of domain name to the plaintiff, CZ.NIC enables the possibility only for the purpose of transfer to a clearly identified holder.
- Transfer of domain name to certain person:
CZ.NIC changes the domain name holder.
- Refrain from publishing certain information using a domain name:
Can not be ensured by CZ.NIC. CZ.NIC may only cancel the domain name's delegation and thus disabling its use for all purposes (for example mail). It is not possible to selectively specify which Internet services may be used for a certain domain name and which can not.
- Remove Website associated to a domain name:
Can not be ensured by CZ.NIC. CZ.NIC may only cancel the domain name's delegation and thus disabling its use for all purposes (for example mail). It is not possible to selectively specify which Internet services may be used for a certain domain name and which can not.
- Prohibition of domain name cancellation:
CZ.NIC disables the possibility to change any domain name information.
- Suspending domain name registration:
CZ.NIC disables the possibility to change any domain name information.
- Refrain from establishing a right of lien or other right to the domain name:
Can not be ensured by CZ.NIC. However, partially solved by actions 1) or 2).
- Refrain from giving use of domain name to third parties:
Can not be ensured by CZ.NIC apart from taking actions 1) or 2).
*Note:
The effect of some actions may not be immediate. This especially applies to changes in nameservers, for which primary nameserver changes are only reflected at other nameservers with a delay which can not be influenced by CZ.NIC.*
