29 Rights Protection Mechanisms
|gTLD||Full Legal Name||E-mail suffix||Detail|
|.physio||PhysBiz Pty Ltd||riseley.com.au||View|
We have engaged ARI Registry Services (ARI) to deliver services for this TLD. ARI provide registry services for a number of TLDs including the .au ccTLD. For more background information on ARI please see the attachment ‘Q29 – ARI Background & Roles.pdf’.
This response is organised by first addressing the RPMs that we will apply during start-up of our TLD (sunrise and trademark claims service) and then by addressing the RPMs that we will apply on an ongoing basis (URS, UDRP and efforts to avoid infringement trademark infringement including implementation of and compliance with the Trademark PDDRP). Each measure is described and the technological and contractual steps needed for its implementation are identified.
The abusive behaviour primarily targeted by these RPMs is cybersquatting, which is the registration of names constituting trademarks by registrants lacking rights in such trademarks. Cybersquatting is one of the many forms of abuse we will seek to minimise in our TLD. Our approach to combating abusive behaviours other than cybersquatting is described in our response to Question 28. Some overlap between the responses to Questions 28 and Question 29 is inherent because the prevention of cybersquatting can also serve to minimise other abusive behaviours such as phishing and pharming. By implementing the RPMs discussed below we thus aim to minimise not only cybersquatting but also some of the abusive behaviours identified in the response to Question 28. The registration policy of our TLD is described in our response to Question 18.
We acknowledge that the legal rights protected by ICANN-mandated RPMs are limited to trademarks. Different RPMs define the scope of protectable trademarks slightly differently; we therefore clearly identify the scope of protectable marks as respects each RPM.
In addition to the RPMs mandated by the Applicant Guidebook, we have also adopted certain requirements proposed in the ‘2011 Proposed Security, Stability and Resiliency Requirements for Financial TLDs’ (at http:⁄⁄www.icann.org⁄en⁄news⁄correspondence⁄aba-bits-to-beckstrom-crocker-20dec11-en.pdf) (the ‘BITS Requirements). We acknowledge that these requirements were developed by the financial services sector in relation to financial TLDs, but nevertheless believe that their adoption in this TLD (which is not financial-related) results in a more robust approach to combating abuse.
In particular, we will adopt the following:
Requirement 6: we will certify annually to ICANN our compliance with our Registry Agreement.
Requirement 8: we will provide and maintain valid primary contact information (name, email address, and phone number) on our registry website.
Requirement 10: we will re-validate our Registry-Registrar Agreements at least annually.
Requirement 13: we will notify Registrars immediately regarding any RPM investigation or compliance action including the nature of the investigation or compliance action by ICANN or any outside party (eg, law enforcement etc).
We will additionally require through our Registry-Registrar Agreement (RRA) that Registrars comply with the following:
Requirement 7: Registrars must certify annually to ICANN their compliance with ICANN’s Registrar Accreditation Agreement (RAA).
Requirement 9: Registrars must provide and maintain valid primary contact information (name, email address, and phone number) on their website.
Requirement 19: Registrars must disclose registration requirements on their website.
2 START-UP RPMS
Below we identify our start-up RPM timeline and describe our implementation of:
– A sunrise period.
– The trademark claims service (‘TM claims service’) during a landrush period.
2.1 START-UP RPMS TIMELINE
The timeline for start-up RPMs in our TLD is as follows:
Day 1: Single sunrise round opens
Day 30: Sunrise round closes
Day 31: Sunrise allocation begins
Day 40: Landrush (including TM claims service) opens
Day 100: Landrush closes
Day 101: Landrush allocation begins
Day 110: General availability begins
2.2 SUNRISE REGISTRATION SERVICE
Our sunrise will provide trademark holders with a 30-day priority period in which to register their trademarks as domain names.
The following stakeholders are involved in implementation of the sunrise registration service:
– TMCH Service Provider⁄s
– Trademark owner prospective domain name registrants
– Registry operator
– Auction provider
The role played by these stakeholders is described below by reference to:
– A summary of our Sunrise Policy and Sunrise Dispute Resolution Policy (SDRP)
– Our Sunrise Implementation Plan
– Our SDRP Implementation Plan
– Our implementation of sunrise and SDRP through contractual relationships
2.2.1 SUNRISE POLICY SUMMARY AND SDRP SUMMARY
Through our Sunrise Policy we will offer a single, 30-day sunrise round in which trademark holders satisfying (i), (iii) and (iv) of the Sunrise Eligibility Requirements (SERs) and any general eligibility requirements (as identified in our response to Question 18) proposed in the Applicant Guidebook at Trademark Clearinghouse s6.2.3 will be eligible to apply for a domain name. Our Sunrise Policy will specify that applications satisfying the SERs received by a Registrar within the 30-day sunrise period will be accepted for participation in the sunrise. This will be the first opportunity for registration in our TLD.
Our Sunrise Policy will mandate that the trademarks upon which sunrise applications are based must fall within s7.2 of the Applicant Guidebook (Trademark Clearinghouse) and be supported by an entry in the TMCH.
Consistent with Requirement 2 of the BITS Requirements, our Sunrise Policy will describe how we will allocate domain names applied for during the sunrise period, as follows: allocation will start at the end of the 30-day sunrise period. Where only one validated application is received for a domain name, that domain will be allocated to the applicant during the 10-day period between the close of the sunrise applications period and start of the landrush. Where multiple validated applications are received for a domain name, applicants will be invited to participate in an auction to determine the party to which the domain will be allocated. Our Sunrise Policy will specify that by making a sunrise application (or, where relevant, by agreeing to participate in an auction), the applicant agrees to purchase the domain if it is allocated to the applicant. Domain names registered during the sunrise period will have a term of one year from the date of registration.
We will adopt an SDRP to allow any party to raise a challenge on the four grounds identified in the Applicant Guidebook at Trademark Clearinghouse, s6.2.4. The remedy will be cancellation or deletion of a successfully challenged domain. All registrants will be required to submit to proceedings under the SDRP. Our SDRP will specify that SDRP claims may be raised after registration of a sunrise domain and will require that complaints clearly identify the challenger, the challenged domain, and the ground⁄s on which the complaint is based.
If a TMCH service provider is not able to receive challenges directly as part of its undertaking to ‘maintain the SERs, validate and authenticate marks, as applicable, and hear challenges’ (Applicant Guidebook at Trademark Clearinghouse, s6.2.5), ARI will receive SDRP challenges and communicate these to the SDRP provider.
Our Sunrise and SDRP Implementation Plan are set out below followed by a description of the implementation that will take place through contractual relationships.
220.127.116.11 SUNRISE IMPLEMENTATION PLAN
1. Prior to or during our 30-day sunrise period, trademark holders can apply for validation of marks by the TMCH and inclusion of validated marks in the TMCH database.
2. ARI will develop a website and make available on that website our Sunrise Policy and SDRP.
3. A trademark holder warranting satisfaction of the SERs in our Sunrise Policy (as described above) will submit to an ICANN-accredited Registrar its application to register a domain corresponding to its TMCH entry with evidence of the TMCH entry. A non-refundable sunrise application⁄validation fee will be payable by the applicant to the Registrar on submitting the application.
4. Registrars will be required through our RRA to communicate sunrise application information to ARI. On receipt of this information, ARI will charge the sunrise application⁄validation fee to the submitting Registrar.
5. ARI will perform standard checks (including IDN validity checks where relevant, reserved and restricted words in accordance with the Registry Agreement, composition requirements, etc) to ensure that the domain being applied for is technically valid; an error message will be returned to the Registrar if the domain fails any of these checks. If the domain passes these checks, ARI will hold the application for allocation.
6. Allocation will commence upon conclusion of the 30-day sunrise period. As an initial step, ARI will compile a list of applied-for names and reserve these from registration in landrush and general availability.
7. Through an interface with the TMCH, ARI will identify all sunrise applications constituting an ‘Identical Match’ (as defined in the Applicant Guidebook at Trademark Clearinghouse s6.1.5) with a TMCH entry and provide notice to the holders of those marks of the filing of a corresponding sunrise application.
8. Where a single application exists for a particular domain, between the end of the sunrise application period and start of the landrush period ARI will enable the sponsoring Registrar to CREATE (using EPP or the SRS web interface) the domain and charge the sunrise registration fee to the Registrar, who will collect this fee from the registrant.
9. Where multiple sunrise applications exist for an identical domain name, ARI will compile and communicate to a third-party auction services provider a list of competing applicants, who will be invited to participate in an auction.
10. The auction services provider will facilitate the auction process and upon its completion will notify all participants of the outcome and collect the auction payment from the winning participant.
11. Upon payment of the auction bid, the auction services provider will communicate to ARI the details of the winning auction participant and submit the revenue collected to ARI.
12. ARI will validate the communication from the auction services provider and enable the sponsoring Registrar to CREATE (using EPP or the SRS web interface) the domain name. ARI will charge the sunrise registration fee to the auction winner’s Registrar, who will collect this fee from the registrant.
18.104.22.168 SDRP IMPLEMENTATION PLAN
1. If a TMCH service provider is not able to directly receive complaints under our SDRP, we will specify in our SDRP the email address to which SDRP filings must be sent. This email address will be monitored by ARI’s Abuse and Compliance Team.
2. ARI will develop a process of manual or automatic interface with the TMCH to communicate the SERs and any SDRP challenges received by ARI. This interface will also enable the TMCH Service Provider to notify ARI of successful SDRP challenges.
3. Upon notification from a TMCH service provider of a successful SDRP challenge, ARI will cancel or delete the successfully challenged domain.
22.214.171.124 IMPLEMENTATION THROUGH CONTRACTUAL RELATIONSHIPS
The following features of the Sunrise and SDRP implementation plan described above will be executed by inclusion of corresponding clauses in our RRA, which will require inclusion in Registrars’ Registration Agreements:
– By making a sunrise application (or, where relevant, by agreeing to participate in an auction), applicant agrees to purchase the domain name if that name is allocated to the applicant.
– The sunrise application fee is non-refundable.
– All sunrise applicants must submit to proceedings under the SDRP.
2.3 TM CLAIMS SERVICE DURING LANDRUSH
Ten days after the day that sunrise allocations begin, a 60-day landrush period will commence during which we will offer the TM claims service. This is a service whereby prospective domain name registrants receive notice of existing trademark rights matching their applied-for domain and trademark owners receive notice of domain name registrations matching their trademark. In accordance with the Applicant Guidebook, our TM claims service will be supported exclusively by the TMCH and will recognise and honour all word marks falling within the Applicant Guidebook at Trademark Clearinghouse s7.1.
The following stakeholders are involved in implementation of the TM claims service:
– TMCH Service Provider⁄s
– Trademark owners
– Landrush domain name applicants
– Landrush domain name registrants
– Registry operator
The role played by these stakeholders is described below by reference to:
– Our Landrush⁄TM Claims Service Implementation Plan
– Our implementation of Landrush⁄TM Claims Service through contractual relationships
Consistent with Requirement 2 of the BITS Requirements, the Landrush⁄TM Claims Service Implementation Plan identifies how we will allocate domain names applied for during the landrush.
Our Landrush⁄TM Claims Service Implementation Plan is set out below followed by a description of the implementation that will take place through contractual relationships.
126.96.36.199 LANDRUSH⁄TM CLAIMS SERVICE IMPLEMENTATION PLAN
1. Prior to or during our 60-day landrush period trademark holders can apply for validation of their marks by the TMCH and inclusion of validated marks in the TMCH database. This will enable provision of notice to landrush applicants of entries in the TMCH and provision of notice to trademark holders of registrations matching TMCH entries (how and by whom this will be achieved is detailed in subsequent steps of this implementation plan).
2. An applicant warranting compliance with the registration policies in this TLD (as described in our response to Question 18) will make an application to an ICANN-accredited Registrar for a domain name during the 60-day landrush period. A non-refundable landrush application⁄validation fee will be payable by the applicant to the Registrar on submitting the application.
3. Registrars will be required through our RRA to communicate landrush application information to ARI. On receipt of this information, ARI will charge the landrush application⁄validation fee to the submitting Registrar.
4. Registrars will be required through our RRA to interface with the TMCH to determine whether an applied-for domain constitutes an ‘Identical Match’ with a mark in the TMCH. If an ‘Identical Match’ is identified, the Registrar will provide to the landrush applicant a TM Claims Notice in the form prescribed by the Applicant Guidebook. Following receipt of this notice a landrush applicant must communicate to the Registrar its decision either to proceed with or abandon the application. If the applied-for name does not constitute an ‘Identical Match’ with a trademark in the TMCH, no TM Claims Notice will be generated.
5. ARI will utilise the manual or automatic interface it establishes for implementation of the SDRP (described above in ‘Implementation Plan’) to facilitate reporting by the TMCH of attempts to register domains that are an ‘Identical Match’ with a trademark (within the scope of the Applicant Guidebook at Trademark Clearinghouse s7.1) in the TMCH database.
6. ARI will perform standard checks (including IDN validity checks where relevant, reserved and restricted words in accordance with the Registry Agreement, composition requirements, etc) on all landrush applications (irrespective of whether they have generated a TM Claims Notice) to ensure that the domain being applied for is technically valid and an error message will be returned to the Registrar if the domain fails any of these checks. If the domain passes these checks, ARI will hold the application for allocation.
7. Allocation of landrush applications will commence on conclusion of the 60-day landrush application period. Where a single landrush application exists for a particular domain, between the end of the landrush application period and start of general availability, ARI will enable the sponsoring Registrar to CREATE (using EPP or the SRS web interface) the domain and charge the landrush registration fee to the Registrar, who will collect this fee from the registrant.
8. Where multiple landrush applications exist for an identical domain, ARI will compile and communicate to a third-party auction services provider a list of competing applicants, who will be invited to participate in an auction for the domain name.
9. The auction services provider will facilitate the auction process and on its completion will notify all participants of the outcome and collect payment from the winning participant.
10. Upon payment of the auction bid the auction services provider will communicate to ARI the details of the winning participant and will submit the revenue collected to ARI.
11. ARI will validate the communication from the auction services provider and enable the auction winner’s Registrar to CREATE (using EPP or the SRS web interface) the domain name. ARI will charge the landrush registration fee to the Registrar, who will collect this fee from the registrant.
12. The Registrar will be required through our RRA to interface with the TMCH to promptly notify relevant mark holders of the registration of a domain constituting an ‘Identical Match’ to their TMCH entry.
13. Ten days after the start of the landrush allocation period, general availability of domain names (at first-come, first-served allocation) will commence.
188.8.131.52 IMPLEMENTATION THROUGH CONTRACTUAL RELATIONSHIPS
The following features of our Landrush⁄TM Claims Service Implementation Plan described above will additionally be executed by the inclusion of corresponding clauses in our RRA:
– Registrars must use the TMCH as required by ICANN and the TMCH Service Provider⁄s.
– Registrars must not in their provision of the TM Claims Service make use of any trademark information aggregation, notification or validation service other than the TMCH.
– In order to prevent a chilling effect on registration, Registrars must ensure that landrush applicants are not prevented from registering domains considered an ‘Identical Match’ with a mark in the TMCH.
– Registrars must provide clear notice in the specific form provided by the Applicant Guidebook to the prospective registrant of relevant entries in the TMCH.
– The landrush application fee is non-refundable. Registrars must also include this in their Registration Agreements.
3 ONGOING RPMS
Below we describe the way in which we will implement on an ongoing basis the URS and UDRP and address issues related to the Trademark PDDRP. These RPMs serve to mitigate not only cybersquatting but other types of abuse that frequently occur in conjunction with cybersquatting, such as phishing and pharming.
The URS is a new RPM the implementation of which is mandated in all new gTLDs. The URS is targeted at providing a rapid takedown solution to clear-cut cases of cybersquatting. It is intended to have a deterrent effect and reduce the number of UDRP disputes.
The URS is intended to supplement and not replace the UDRP, and the Applicant Guidebook foreshadows (at URS ss8.6 and 13) the likelihood of URS claimants also commencing UDRP claims. For this reason, we have considered in our URS Implementation Plan the potential interaction between URS stakeholders and UDRP stakeholders.
The following stakeholders are involved in implementation of the URS:
– URS claimants (holders of valid and enforceable trade or service marks)
– Registry operator
– URS provider⁄s
– URS Examiner
The role played by these stakeholders is described below by reference to:
– Our URS Implementation Plan
– Our implementation of the URS through contractual relationships
Our URS Implementation Plan identifies certain aspects of implementation that are not clearly addressed in the Applicant Guidebook. For example, the Guidebook does not specify how, from an operational perspective, suspension of a domain name will transform to another domain name status (eg the transfer of a domain following a successful UDRP challenge); we assume that such a status change would only occur upon expiry of the registration, but acknowledge the potential for further development of URS policy to allow for change of status as a result of a subsequent UDRP decision.
In addition to identifying such gaps, our URS Implementation Plan identifies our proposed method of addressing these. Furthermore, understanding that a fundamental aim of the URS is expediency, all of the steps in our Implementation Plan below will be undertaken as soon as practical but without compromising security or accuracy.
Our URS Implementation Plan is set out below followed by a description of the implementation that will take place through contractual relationships.
184.108.40.206 URS IMPLEMENTATION PLAN
1. As an initial step, ARI will notify to each URS provider an email address for all URS-related correspondence. On an ongoing basis, ARI’s Abuse and Compliance Team will monitor this address for communications from URS providers, including the Notice of Complaint, Notice of Default, URS Determination, Notice of Appeal and Appeal Panel Findings.
2. ARI will validate correspondence from a URS provider to ensure that it originates from the URS Provider.
3. ARI will within 24 hours of receipt of a URS Notice of Complaint lock the domain name⁄s the subject of complaint by restricting all changes to the registration data, including transfer and deletion of the domain. The domain will continue to resolve while in this locked status.
4. ARI will immediately notify the URS provider in the manner requested by the URS provider once the domain name⁄s have been locked.
5. Upon receipt of a favourable URS Determination ARI will lock the domain name the subject of the Determination for the balance of the registration period and redirect the nameservers to an informational web page provided by the URS provider. While a domain name is locked, ARI will continue to display all of the WhoIs information of the original registrant except for the redirection of the nameservers and (subject to future policy development taking into account the transfer of a URS-locked domain name following a successful UDRP challenge) the additional statement that the domain will not be able to be transferred, deleted or modified for the life of the registration.
6. Upon receipt of notification from the URS provider of termination of a URS proceeding ARI will promptly unlock the domain and return full control to the registrant.
7. Where a default has occurred (because a registrant has not submitted an answer to a URS complaint in accordance with the Applicant Guidebook at URS s6.1) and a Determination has been made in favour of the complainant, in the event that ARI receives notice from a URS provider that a Response has been filed in accordance with the Applicant Guidebook at URS s6.4, ARI will as soon as practical restore a domain to resolve to the original IP address while preserving its locked status until a Determination from de novo review is notified to ARI.
8. ARI will ensure that no changes are made to the resolution of a registration the subject of a successful URS Determination until expiry of the registration or the additional registration year unless otherwise instructed by UDRP provider.
9. ARI will make available to successful URS complainants an optional extension of the registration period for one additional year at commercial rates. We understand that this requirement has been based on the provision in the Expired Domain Deletion Policy (220.127.116.11 of the 2009 RAA), under which there is no requirement of notification to the complainant that a name is due to expire. From this we conclude that there is likewise no requirement in the operation of our TLD that ARI notify a successful URS complainant that a name is due to expire.
10. The Applicant Guidebook specifies that renewal must be offered ‘at commercial rates’ but it does not specify how and to whom payment for renewal should be made. If payment is to be made to a stakeholder other than the registry operator, it is not clear how this will be received by the registry operator. ARI’s Abuse and Compliance Team will be prepared and have the expertise and flexibility necessary to develop the technical and financial interfaces necessary to facilitate the receipt of renewal fees by ARI.
18.104.22.168 IMPLEMENTATION OF THE URS THROUGH CONTRACTUAL RELATIONSHIPS
The following features of our URS Implementation Plan described above will be executed by inclusion of corresponding clauses in our RRA:
– In the event that a registrant does not submit an answer to a URS complaint in accordance with the Applicant Guidebook at URS s6.1 (default), Registrars must prevent registrants from making changes to the WhoIs information of a registration while it is in default.
– Registrars must prevent changes to a domain it is in locked status to ensure that both the Registrar’s systems and registry’s systems contain the same information for the locked domain.
– Registrars must not take any action relating to a URS proceeding except as in accordance with a validated communication from ARI or URS provider.
The UDRP is applicable to domain name registrations in all new gTLDs. It is available to parties with rights in valid and enforceable trade or service marks and is actionable on proof of all of the following three grounds:
i. The registrant’s domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights.
ii. The registrant has no rights or legitimate interests in respect of the domain name.
iii. The registrant’s domain name has been registered and is being used in bad faith.
Available remedies are cancellation of a domain or transfer of a domain to a successful UDRP claimant.
The following stakeholders are involved in implementation of the UDRP:
– UDRP claimants
– Registry operator
– UDRP providers
The role played by these stakeholders is described below by reference to:
– Our UDRP Implementation Plan
– Our implementation of the UDRP through contractual relationships
Our UDRP Implementation Plan considers the potential overlap between URS implementation and UDRP implementation because we consider it likely that URS complainants may commence UDRP claims as a second recourse or simultaneously. We note that neither policy prohibits complainants from commencing proceedings simultaneously.
Our UDRP Implementation Plan is set out below followed by a description of the implementation that will take place through contractual relationships.
22.214.171.124 UDRP IMPLEMENTATION PLAN
Our UDRP Implementation Plan focuses on interaction with Registrars because there is currently no interaction between existing gTLD registry operators and UDRP providers. On this basis we anticipate ARI has two responsibilities to facilitate Registrars’ implementation of the UDRP.
1. ARI’s Development Team (as described in ‘4 RESOURCES’) will maintain awareness of UDRP requirements and be capable of taking action when required and sufficiently skilled and flexible to respond to any changes to UDRP policy.
2. ARI will provide EPP and the SRS web interface to enable Registrars to perform required UDRP functions in accordance with the Policy on Transfer of Registrations between Registrars.
126.96.36.199 IMPLEMENTATION OF THE UDRP THROUGH CONTRACTUAL RELATIONSHIPS
The UDRP is applicable to domain name registrations in all new gTLDs by force of a contractual obligation (Registry Agreement Art. 2.9) on registry operators to use only ICANN-accredited Registrars, who in turn are contractually required (RAA, 21 May 2009, at s3.8) to incorporate the UDRP in their Registration Agreements.
3.3 PREVENTING TRADEMARK INFRINGEMENT IN OPERATING THE REGISTRY
We take seriously our responsibilities in running a registry and understand that while offering a sunrise registration service and TM Claims Service during start-up of our TLD and the URS and UDRP on an ongoing basis serves to minimise abuse, this does not necessarily serve to minimise trademark infringement in our operation of the TLD. This responsibility is now clearly placed on registry operators through the new Trademark PDDRP, which targets infringement arising from the registry operator’s manner of operation or use of its TLD.
While we will as required by the Registry Agreement agree to participate in all Trademark PDDRP procedures and be bound by resulting determinations, we will also have in place procedures to identify and address potential conflicts before they escalate to the stage of a Trademark PDDRP claim.
The following stakeholders are involved in our implementation of measures to prevent trademark infringement in operation of the TLD:
– Trademark holders
– Registry operator
– Trademark PDDRP provider⁄s
The role played by these stakeholders is described below by reference to:
– Our Trademark PDDRP Implementation Plan
– Our implementation of our Trademark PDDRP through contractual relationships
Our Trademark PDDRP Implementation Plan is set out below followed by a description of the implementation that will take place through contractual relationships.
188.8.131.52 TRADEMARK PDDRP IMPLEMENTATION PLAN
1. ARI will notify to the Trademark PDDRP provider⁄s contact details for all communications regarding the Trademark PDDRP.
2. As described in our response to Question 28, ARI will publish our Anti-Abuse Policy on a website dedicated to abuse handling in our TLD. Consistent with Requirement 8 of the BITS Requirements, this website will include information necessary to enable trademark holders to raise concerns regarding infringement of their trademarks and resultant harm caused by our operation or use of our TLD.
3. Using the single abuse point of contact (SAPOC) discussed in our response to Question 28, a complainant can notify ARI’s Service Desk of its belief that one or more of its marks have been infringed and harm caused by our operation or use of our TLD. The complainant will be required to provide the following information:
– Name of the complainant
– Contact details
– Trademark name
– Registration date
– Registration number
– Nature of entitlement to trademark
– Explanation of why complainant believes that its mark has been infringed and harm caused by our operation or use of the TLD
4. ARI’s Service Desk will receive complaints submitted through the SAPOC on a 24⁄7 basis and generate a ticket in ARI’s case management system (CMS). The details of the complaint (which will at a minimum include the information above) will be documented using a standard information gathering template and forwarded to ARI’s Abuse and Compliance Team.
5. Upon receipt of a complaint, the Abuse and Compliance Team will conduct a preliminary assessment to ensure that a complaint is not spurious. If it is determined that a complaint is not spurious, a member of the team will use the contact details provided in the complaint to acknowledge receipt of the complaint and commence investigation of the subject matter of the complaint and good faith negotiations with the complainant in accordance with the Applicant Guidebook at Trademark PDDRP s7.2.3(d). The results of this preliminary assessment and subsequent actions taken will be recorded against the CMS ticket.
6. On an ongoing basis, ARI’s Abuse and Compliance Team will monitor the email address notified to the Trademark PDDRP provider⁄s for all communications from the Trademark PDDRP provider, including threshold determination, Trademark PDDRP complaint, complainant’s reply, notice of default, expert panel determination, notice of appeal and determination of an appeal panel.
7. In the event that a complaint cannot be resolved and a Trademark PDDRP claim is made, ARI’s Abuse and Compliance Team will do the following:
– File a response to the complaint in accordance with the Applicant Guidebook at Trademark PDDRP s10 thus avoiding (whenever possible) default.
– Where appropriate, undertake discovery in compliance with the Applicant Guidebook at Trademark PDDRP s15, attend hearings raised under s16 if required, and gather evidence in compliance with ss20.5 and 20.6.
8. ARI’s Abuse and Compliance Team will upon notification of an Expert Panel finding in favour of the Claimant (Applicant Guidebook at Trademark PDDRP s14.3), reimburse the Claimant.
9. ARI will implement any remedial measures recommended by the expert panel pursuant to the Applicant Guidebook at Trademark PDDRP s18.3.1 and take all steps necessary to cure violations found by the expert panel (s18.3.2) and notified by ICANN (s21.3).
3.3.2 IMPLEMENTATION OF TRADEMARK PDDRP THROUGH CONTRACTUAL RELATIONSHIPS
All new gTLD registry operators are bound to comply with the Trademark PDDRP by Specification 7, cl 2 of the Registry Agreement. In accordance with Requirement 6 of the BITS Requirements, we will certify annually to ICANN our compliance with our Registry Agreement.
ARI’s abuse services are supported by the following departments:
– Abuse and Compliance Team (6 staff)
– Development Team (11 staff)
– Service Desk (14 staff)
A detailed list of the departments, roles and responsibilities in ARI is provided as attachment ‘Q29 – ARI Background & Roles.pdf’. This attachment describes the functions of these teams and the exact number and nature of staff within.
The number of resources required to design, build, operate and support the SRS does not vary significantly with, and is not linearly proportional to, the number or size of TLDs that ARI provides registry services to.
ARI provides registry backend services to 5 TLDs and has a wealth of experience in estimating the number of resources required to support a registry system. Based on past experience ARI estimates that the existing staff is adequate to support a registry system that supports in excess of 50M domains. Since this TLD projects 3,750 domains, 0.01% of these resources are allocated to this TLD. See attachment ‘Q29 – Registry Scale Estimates & Resource Allocation.xlsx’ for more information.
ARI protects against loss of critical staff by employing multiple people in each role. Staff members have a primary role plus a secondary role for protection against personnel absence. Additionally ARI can scale resources as required.
The measures described in the context of the responses to Question 28 and Question 29 – which serve to prevent and mitigate abusive behaviour in the TLD as well as activities that may infringe trademarks – will be implemented and managed by ARI on our behalf. These responsibilities will be undertaken by two teams. ARI’s Development Team will be responsible for developing the technical platforms and meeting technical requirements needed to implement the RPMs discussed above. ARI’s Abuse and Compliance Team will be responsible for the ongoing operations of measures to minimise abusive registrations and other activities that affect trademark rights recognised through RPMs. ARI’s Service Desk will be responsible for responding to reports of trademark infringement received through the abuse point of contact on the Registry’s website and logging these in a ticket in ARI’s case management system.
The responsibilities of these teams relevant to the initial implementation and ongoing maintenance for our measures to minimise the potential in our TLD for abuse not specifically affecting trademark rights are described in our response to Question 28.
All of the responsibilities undertaken by ARI’s Development Team, Abuse and Compliance Team, and Service Desk are inclusive in ARI’s Managed TLD Registry services fee, which is accounted for as an outsourcing cost in our response to Question 47. The resource needs of these teams have been determined by applying the conservative growth projections for our TLD (as identified in our response to Question 48) to the teams’ responsibilities at startup and on an ongoing basis.
4.1 ARI DEVELOPMENT TEAM
All tools and systems used for the transmission and receipt of information related to RPMs will be developed and maintained by ARI. ARI has a Development Team dedicated to this purpose which will ensure that the tools are fit for purpose and adjusted as requirements change.
ARI will ensure that systems and tools will be compliant with the appropriate processes for dealing with Registrars, the TMCH, URS and Trademark PDDRP providers as these processes are defined. ARI has been and will remain active in the formulating of these processes, using its resources to remain current with the approved measures for exchange of any material relevant to RPMs, whether during sunrise, landrush or on an ongoing basis. This team consists of:
– 1 Development Manager
– 2 Business Analysts
– 6 Developers
– 2 Quality Analysts
4.2 ARI ABUSE AND COMPLIANCE TEAM
ARI’s Abuse and Compliance Team will be staffed by five full-time equivalent positions:
– 4 Policy Compliance Officers
– 1 Legal Manager
Policy Compliance Officers will be responsible for managing sunrise and landrush applications, supporting the SDRP, TM Claims Service, URS, UDRP and Trademark PDDRP, managing communications with the TMCH, receiving, assessing and managing trademark infringement complaints received through the single abuse point of contact, escalating complaints and issues to the Legal Manager when necessary and communicating with all relevant stakeholders (Registrars, registrants, trademark holders, general public) as needed in fulfilling these responsibilities. This role will be provided on a 24⁄7 basis supported outside of ordinary business hours by ARI’s Service Desk. Policy Compliance Officers will be required to have the following skills⁄qualifications: customer service⁄fault handling experience, complete knowledge of all RPMs offered by the TLD and related policies, Internet industry knowledge, relevant post-secondary qualification, excellent communication and professional skills, accurate data entry skills, high-level problem solving skills, and high-level computer skills.
The Legal Manager will be responsible for handling all potential disputes arising in connection with RPMs and related policies. This will involve assessing complaints and issues, liaising with legal counsel and management, resolving disputes and communicating with all relevant stakeholders (Registrars, registrants, trademark holders, general public) as needed in fulfilling these responsibilities. The Legal Manager will be required to have the following skills⁄qualifications: legal background (in particular, intellectual property⁄information technology law) or experience with relevant tertiary or post-graduate qualifications, dispute resolution experience, Internet industry experience, excellent communication, negotiation, problem solving and professional skills and good computer skills.
For more information on the skills and responsibilities of these roles, please see the in-depth resources section in response to Question 31.
Based on the projections and the experience of ARI, the resources described here are more than sufficient to accommodate the needs of this TLD.
The use of these resources and the services they enable is included in the fees paid to ARI, which are described in response to Question 47.
Similar gTLD applications: (139)
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