29 Rights Protection Mechanisms
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|.sakura||SAKURA Internet Inc.||sakura.ad.jp||View|
29.1. A Tapestry of Rights Protection Mechanisms
.sakura proposes a tapestry of original Rights Protection Mechanisms (RPMs), which was envisioned by ICANNʹs Trademark Implementation Recommendation Team (IRT), and the purpose of the RPMs is to mitigate the potential abusive registrations.
As defined in the answer for #18 (Mission⁄purpose), .sakura intends to provide the second level domain of .sakura for the SAKURA Internet, and SAKURA Internet itself will be the sole registrant and the primary user of .sakura. SAKURA Internet will pre-verify, before registration takes place, the domain name (string) and the applicant (the representing organization) who will become the primary user for the applied domain name (more details explained in the answer for #23 Registry Services).
We believe that this pre-verification process, as the protection mechanism, is equivalent to one of the most effective RPM safeguards to mitigate any potential abusive registrations, and applying this proprietary evaluation⁄authentication process SAKURA Internet projects no more than 1,000 domain name registrations for .sakura.
29.1.2. Sunrise Services
.sakura is prepared to provide a Sunrise Service for .sakura, as set forth in the Applicant Guidebook.
29.1.3. Trademark Claims Services
.sakura is prepared to implement the Trademark Claims Services (TCS) for .sakura, as set forth in the Applicant Guidebook. Due to the restricted nature of the .sakura and the pre-verification of all domain name registrations (as described in the answer for #29.1.1 (Pre-Verification) ), .sakura does not foresee any difficulties in implementing a TCS. As identified in the answer #29.3 (Resource Planning) below, .sakura is committed to dedicating the necessary staff members and resources to ensure that all RPMs are implemented. Furthermore, .sakura is closely monitoring the work of ICANNʹs Trademark Clearinghouse Implementation Assistance Group, to ensure that SAKURA Internet implements a best-in-class service for .sakura.
29.1.4. Uniform Domain Name Dispute-Resolution Policy (UDRP)
Due to the restrictive nature of .sakura (as described in the answer for #29.1.1 (Pre-Verification) ), .sakura believes that the probability of dispute proceedings regarding .sakura domain names will be very low. However, .sakura will ensure that all registrant and registrar agreements will legally bind all parties to the UDRP. While the UDRP does not impose any specific requirements on the Registry Operator, .sakura intends to develop a constructive working relationship with all ICANN UDRP providers.
29.1.5. Uniform Rapid Suspension System (URS)
Although .sakura does not foresee any potential URS implementation issues due to the proposed restrictive use of the .sakura, we will be committed to allocating the necessary staff and resources to implement a best in class solution. Specifically, .sakura will ensure the following:
* All .sakura registrant and registrar agreements will legally bind the parties to the terms of the URS;
* All communication received from URS Provider (s) will be logged and sent to the .sakura support staff;
* .sakura will update the EPP status of the domain name to a ʺlockedʺ status within 24 hours of receipt of the Notice of Compliant from the URS Provider;
* The ʺlockedʺ status will enable continued resolution of the domain name, but there will be no changes to the registration data, including the transfer and⁄or deletion of the domain name;
* .sakura will unlock the domain name if the URS Provider notifies it that an Examiner has issued a Determination in favor of the Registrant;
* .sakura will immediately suspend the domain name for the duration of the registration term and update the name servers to point to an URS information webpage maintained upon receipt from the URS Provider that an Examiner has issued a Determination in favor of the Complainant; and
* .sakura will take appropriate actions with regard to the domain name in the event that a Notice of Appeal is filed.
29.1.6. Trademark Post Delegation Dispute Resolution Procedure (Trademark PDDRP)
Although .sakura does not foresee any potential Trademark PDDRP proceedings due to the proposed restrictive use of the .sakura, we will provide this administrative proceeding as an additional RPM mechanism to trademark owners.
29.2. Technical Resources
29.2.1. Precise Administrative Structure for the Domain Name Registration Procedures
The Registry Operator for .sakura has a proven record of managing over 1.25 million registrations, and has structured a collaborative framework with security industry organizations that have resulted in significant efforts and accomplishments. Furthermore, the Operator has the precise administrative structure for the domain name registration procedures.
29.2.2. Development and Implementation of the Uniform Domain Name Dispute-Resolution Policy (UDRP)
The .sakura Registry Operator has a long track record of the experienced operations and implementations that have been developed upon its proprietary domain name dispute-resolution, which derived from the Uniform Domain Name Dispute-Resolution Policy (UDRP), which ICANN has established, and First WIPO Internet Domain Name Process.
Hence, we are confident that .sakura will not have any issues by implementing ICANN UDRP or URS that are required by the Applicant Guidebook.
29.3. Resource Planning
.sakura plans to implement necessary measures for the Rights Protection Mechanisms for .sakura. Nevertheless, the second level domain names of .sakura will be provided for SAKURA Internet, and SAKURA Internet itself will be the sole registrant. Moreover, as stated in the answer for #18 (Mission⁄purpose), our projection of the registration volume for the foreseeable future is about 1,000 at maximum, and therefore we suspect that the actual corresponding actions for those measures required shall be limited.
The Registry Operator for .sakura will allocate appropriate staff members with substantial experiences in the TLD operations, and the Operator will enforce the measures for the Rights Protection Mechanisms. As per more detailed and financial information about the allocated staff member is defined in the answer for #47.1.3 (Technical Labor).
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