29 Rights Protection Mechanisms
|gTLD||Full Legal Name||E-mail suffix||Detail|
The applicant is committed to implementing and adhering to any rights protection mechanisms that may be mandated from time to time by ICANN, as required by Specification 7 of the New gTLD Agreement.
In order to minimize abusive activities and protect the legal rights of others, the registry will adopt the following policies and practices:
- Sunrise Registration Process
- Priority Registration Process
- Trademark Claims Service
- Uniform Rapid Suspension (URS) System
- Uniform Domain Name Dispute Resolution Policy (UDRP)
- Abusive Use Policy
- Website Best Practices Information Page
Sunrise Registration Process
Before any registration of .okinawa domain name registration processing starts, Sunrise registration process using the Trademark Clearinghouse required by ICANN will be available for trademark holders.
The registry will establish and publish a set of Sunrise Eligibility Requirements (SERs) and adopt a Sunrise Dispute Resolution Policy (SDRP). SERs and SDRP will be applied to all .okinawa domain names registered during the Sunrise Registration and all .okinawa registrars and registrants must agree to abide by the SERs and SDRP
Sunrise Eligibility Requirements
In accordance with the section entitled “Trademark Clearinghouse” of the Application Guidebook (January 11, 2012 version), .okinawa SER will at least include
- Acceptable marks:
nationally or regionally registered and for which proof of use (which may be a declaration and a single specimen of current use) was submitted to, and validated by, the Trademark Clearinghouse;
that have been court-validated; or
that are specifically protected by a statute or treaty currently in effect and that was in effect on or before 26 June, 2008
- representation that all provided information is true and correct;
- provision of data sufficient to document rights in the trademark; and
- the registrant of the domain name must be the owner of a corresponding registered mark in the Trademark Clearinghouse.
Acceptable Domain Name Strings during the Sunrise Registration Process
The domain name strings applied for during the Sunrise registration process must be exactly identical to the applicant’s trademark and be in the Trademark Clearinghouse database. Exceptions (i.e. for trademarks that contain special characters, spaces, punctuations, images, the word NameofCity⁄State, etc.) will be developed by the registry before the registration phase opens.
Other Rules for Sunrise Registration Process
- The Sunrise Registration Process will be run for at least 30 days which is the period required by ICANN. However, the registry may run the process longer at its own discretion.
- During the Sunrise Registration Process, a domain name can be registered for 2-10 years.
- Multiple validated applications for the same domain name will be resolved by auctions.
- Deletion, renewal, and transfer of a Sunrise domain name will be prohibited for 60 calendar days after the domain name is successfully registered.
Sunrise Dispute Resolution Policy
As required by ICANN, proposed .okinawa SDRP will allow challenges based on at least the following four grounds:
- at the time the challenged domain name was registered, the registrant did not hold a trademark registration of national effect (or regional effect) or the trademark had not been court-validated or protected by statute or treaty;
- the domain name is not identical to the mark on which the registrant based its Sunrise registration;
- the trademark registration on which the registrant based its Sunrise registration is not of national effect (or regional effect) or the trademark had not been court-validated or protected by statute or treaty; or
- the trademark registration on which the domain name registrant based its Sunrise registration was not issued on or before the effective date of the Registry Agreement and was not applied for on or before ICANN announced the applications received.
Priority Registration Process for Registered Companies and Organization in Okinawa-ken
.okinawa TLD is for the region of Okinawa-ken and the registry believes that it is important that business owners in Okinawa-ken should be offered an opportunity to secure their identities in the TLD space on a priority basis in order to reduce chances of abusive registrations. As a consequence, the registry will offer a priority registration process for owners of legally registered companies and organizations in Okinawa-ken.
Eligibility Requirements for Priority Registration
The registry will establish and publish a set of Eligibility Requirements for Priority Registration and Priority Registration Dispute Resolution Policy. Eligibility Requirements for Priority Registration and Priority Registration Dispute Resolution Policy will be applicable to all .okinawa domain names registered during the Priority Registration phase and all .okinawa TLD registrars and registrants must agree to abide by the Eligibility Requirements and Dispute Resolution Policy.
.okinawa Eligibility Requirements for Priority Registration will at least include
- legally registered companies and organizations registered in Okinawa-ken, Japan are eligible to apply for domain names during the Priority Registration;
the company registrations must be registered on or before XX⁄XX⁄XX (TBD) and valid at the time of the domain name application is submitted;
- the registrant of the domain name must be corresponding with the name of the registered company or organization; and
- representation that all provided information is true and correct.
Acceptable Domain Name Strings during the Priority Registration Process
Domain name strings applied for during the Priority Registration process must be exactly identical to the Romanized name of the applicant’s company or organization (exceptions are listed below).
- If the company or organization name contains Roman strings, those strings must appear in the applied for domain name without modification.
- If the company or organization name contains Arabian numerals, those numerals may be used without modification, transliterated into Japanese, or translated into English.
- If the company or organization name contains Katakana (カタカナ in Japanese,) the Katakana may be Romanized or translated into English.
- If the company or organization name contains a special character “&”, it can be spelled out or replaced by “- (hyphen)“.
- Other special rules (i.e. for company or organization name contains special characters, spaces, punctuations, the word NameofCity⁄State etc.) will be developed by the registry before the registration phase opens.
Proof of Requirements
All applicants during the Priority registration process will be required to prove the companies or organizations are legally established in Okinawa-ken by submitting a copy of their company registration (Tokibo in Japanese) electronically at the time of .okinawa domain name registrations. The registry and⁄or a verification company appointed by the registry will validate the submitted copy of the company registration before the applied domain name is allocated (registered). The registry or verification company may ask for additional information⁄document (i.e. proof of use) if necessary.
Other Rules for Priority Registration Process
- The Priority Registration Process is planned to run between the Sunrise Registration Process and general registration.
- The Priority Registration Process is planned to be run for 30 days. However, the registry will run the process longer if it is recommended by the respective government(s).
- During the Priority Registration Process, a domain name can be registered for 2-10 years.
- Multiple validated applications for the same domain names will be resolved on a first-come-first-served basis during the process.
- Deletion, renewal, and transfer of a domain name registered during the Priority Registration Process will be prohibited for 60 calendar days after the domain name is successfully registered.
Priority Registration Dispute Resolution Policy
In order to provide an opportunity for people who wish to dispute regarding potential violations of the eligibility requirements for Priority Registration, the registry will establish a dispute resolution policy mechanism for Priority Registration. Alternatively, the registry may provide a public complaint service to allow third parties to make a complaint regarding potential violations of the eligibility requirements for Priority Registration process. Priority Registration Dispute Resolution Policy will be applicable to all .okinawa domain names registered during the Priority Registration and all .okinawa TLD registrars and registrants must agree to abide by the policy.
The Priority Registration Dispute Resolution Policy is proposed to allow complaints based on the following grounds:
- at the time the domain name was registered, the company or organization was not registered in Okinawa-ken;
- the registration of the company or organization on which the Priority Registration was based was not registered on or before the cut-off date;
- the domain name is not identical to the name of the company or organization on which the Priority Registration was based; or
- the registrant of the domain name is not the owner of the registered company or organization on which the Priority Registration was based.
Trademark Claims Service
As is required by ICANN, the registry is committed to implementing the Trademark Claims Service for marks in the Trademark Clearinghouse.
Please Note: Rules and procedures will be determined as soon as the Trademark Claims Service is finalized by ICANN.
The registry will run the process for at least 60 days after general registration opens. However, the registry may revise the length of this period if ICANNN requirements are amended or it is recommended by the respective government(s).
The registry is committed to adopting and abiding by the URS System for trademark owners who seek a rapid system to take down domain names which infringe on their rights. All .okinawa TLD registrars and registrants must agree to abide by the URS System.
In addition to the URS System, UDRP will be applied to all .okinawa domain name registrations and all .okinawa registrars and registrants must agree to be bound by UDRP.
Abusive Use Policy
In addition to the policies and practices described in this section, the registry sets forth the Abusive Use Policy to minimize abusive activities. Not all abusive activities necessarily affect rights but some abusive activities do affect the rights when the activities are in conjunction with abusive registrations. A description of the policy and takedown procedures is provided in Question 28.
Website Best Practices Information Page
In order to have high quality contents on websites in the .okinawa name space, the registry believes that it is important to mitigate abusive activities on the websites.
In addition to the mitigation mechanism described above, the registry will publish an information page on its website. The information page will include a list of prohibited activities under the TLD as well as best practices for web contents. The registry believes that the information page would help registrants understand the purpose of the TLD, clearly publicize usage restrictions of the TLD, and help mitigate abusive activities.
The implementation and operation of this aspect of registry operations involve the following roles:
● Technical Manager
● Network Engineer
● Applications Engineer
● System Architect
● System Administration
● Security Officer
● Technical Support
● Registry Administrators
● Trademark Protection Officer
● QA and Process Manager
The attached table, “resource_fte.png”, outlines the overall FTE equivalent resources available to GMO Registry for the initial implementation and ongoing operations of the registry, of which the implementation and maintenance of rights protection measures is a subset.
Initial implementation of this aspect of registry operations refers to:
Implementation of SRS rules relating to the rights protection mechanisms
planning and coordination of the launch activities to ensure proper rights protection
coordinating with the trademark clearinghouse and dispute providers to support the rights protection mechanisms described above
During this phase, all roles listed above are involved in the planning and implementation of their respective systems in support of this component.
The ongoing maintenance of rights protection measures involves:
● handling registrar enquiries about rights protection policies
● implementing URS notices and decisions
● operating rights protection services outlined above, including sunrise and trademark claims services
The follow roles are actively involved in this phase of the operations:
● Technical Manager
● Technical Support
● Registry Administrator
● Trademark Protection Officer
● QA and Process Manager
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