29 Rights Protection Mechanisms
|gTLD||Full Legal Name||E-mail suffix||Detail|
|.samsung||SAMSUNG SDS CO., LTD||yesnic.com||View|
Registration of dot SAMSUNG(“.SAMSUNG”) is limited to employees of SAMSUNG SDS, SAMSUNG group and its affiliates. The reason for this limitation is to prevent reckless abuse of a third party and infringement of SAMSUNG SDS intellectual property.
Registered strings are expected to be those only related to SAMSUNG group. Thus, it is expected that possibility for dispute or right protection is minimized, and resolution can be done through mutual consent. However, in case of an unexpected situation, it will follow the following policy.
2. Operation Policy for Right Protection
All Right Protection Mechanism (ʺRPMʺ) is implemented and complied for the registration of the new gTLD. Other than RPM, registry operator develops and executes RPM to encourage or limit infringement on legitimate rights or encouragement of domain name abuse.
For this, the following Right Protection policy is applied.
1) Trademark verification for the protection of trademark owners is based on data by TradeMark Clearinghouse Provider, specified by ICANN.
2) When registration eligibility is open to the public, there is Sunrise period for at least 30 days for the protection of trademark owners. Also, all trademark owners registered in TradeMark Clearinghouse will be notified of this.
3) Trademark Claims period is 60days at minimum by mandate.
4) All other Rights Protection Mechanisms by ICANN is to be implemented and complied.
3. Dispute Resolution Mechanism
Employees of SAMSUNG SDS, SAMSUNG group and its affiliates will submit domain registration application to the registrar, and registrar clearly deliberates the relevance. In the process of deliberation, right protection mechanism of registered characters considers ICANN and SAMSUNG groupʹs domain registration policies in seeking to prevent dispute issues.
As dot SAMSUNG(ʺ.SAMSUNGʺ) is registered by employees of SAMSUNG SDS, SAMSUNG group and its affiliates, it is judged that there will almost be no dispute element. In case of a dispute, it will be preferentially resolve within, but dispute that is hard to settle will follow ICANNʹs dispute resolution mechanism (PDDRP & RRDRP).
In preparation for dispute of registered strings, SAMSUNG SDS establishes dispute arbitration center (secretariat) or assigns personnel and perform rights arbitration by setting dispute resolution process and details.
In case of an international dispute, it will be processed by ICANNʹs dispute Secretariat. (Asia, Europe, North America, etc.)
1) ICANNʹs Post-Delegation Dispute Resolution Procedure (ʺPDDRPʺ) and Registry Restrictions Dispute Resolution Procedure (ʺRRDRPʺ) are posted on website.
2) Registry operator agrees to reimburse all fees that should have been paid to the provider if the panel deems the PDDRP complainant as the winning party.
3) Registry operator agrees to implement and comply to all of measures imposed by ICANN after the decision of PDDRP or RRDRP panel.
4. Registration Criteria
Domain registration criteria of SAMSUNG SDS is subject to the following criteria:
1) Domain name must be composed as a combination of a complete Hangul Syllable [11,172 characters], alphabet [A-Z], [a-z], numbers [0-9] and hyphen [-].
2) Domain name should be between 3 and 63 characters. If Hangul is included, it should be between 1 and 17.
3) Domain name must not start or end with a hyphen, and there cannot be two consecutive hyphens as the third and the fourth character.
5. Registration Process
Registration process is conducted by preparing regulations before and after delegation and registration policies. Primary opportunity of registration within dot SAMSUNG(ʺ.SAMSUNGʺ) is first given to trademark owners, considering protection of rights of trademark owners in SAMSUNG group.
Domain name registration through a registrar considers the following points in setting a criteria, and a range of possible strings falls under the following criteria.
1) Trademark owner registration is done online as one domain name per trademark through the registrar.
2) Process fees and its refunds is decided by the registrar.
3) Application is sent real time to the registry system from the registrar website.
Verification process validity of trademark, suitability if the domain, and whether or not trademark owner is the same as the domain applicant is operated when registrar and registry register.
1) Inadequate application will be returned after application verification.
2) If the same domain applied multi-times, is 2 candidates will be selected from a draw.
6. Dispute Resolution Procedure
In order to minimize complaints and disputes by domain registration of a disqualified person, there will be objection period about preliminary registrant result. Dispute resolution procedure from receiving objection to notifying results is as the following:
1) STEP 01 - Applications are submitted by completing forms designated by a dispute resolution center(secretariat) of registry and sending via e-mail or completing directly on the web page.
2) STEP 02 - Resolution procedure begins after all documents have been received, payment is confirmed, and accuracy of information on application is verified. Once resolution procedure has commenced, change of information of the respondentʹs domain name is limited.
3) STEP 03 - Dispute resolution center forwards the application form submitted through online to the domain name registrant and requests submission of response.
4) STEP 04 - Response must be submitted online to the Center within 20 days the request was sent to the respondent. Extension of time for response submission is not allowed in principle, but it can be done under the agreement of complainant.
5) STEP 05 - Arbitration panel consists of 1 or 3 arbitration members.
6) STEP 06 - Arbitration trial is documentary examination in principle, and the decision must be notified to the center within 14 days after the panel was organized.
7) STEP 07 - if complainantʹs claim falls under article 4(a) uniform Domain-Name Dispute-Resolution Policy(ʺUDRPʺ), the domain name is transferred, obliterated, or dismissed.
8) STEP 08 - Respondent may submit a case to the court if there is objection to transfer or obliteration decision of the panel. A registrar will execute the decision if respondent does not submit official document of case submission to the court to the registrar within 10 working days since receiving the decision.
7. Dispute Resolution
Decisions made by dispute resolution may either be transfer or obliteration, or dismissal of revision request.
Resolution may lead to transfer or obliteration under the following situations:
1) Registrantʹs domain name identical or confusingly similar to the trademark applicant has the right of.
2) Registrant having no right or legitimate interest of the domain name.
3) Registrantʹs domain name registered and used under a improper purpose.
Resolution may lead to dismissal under the following situations:
1) When there is no reason to the complainantʹs claim.
2) When respondent has legitimate rights or interests of the domain name registration or usage.
3) When registrant used the domain name or corresponding name for service without any dishonest intention or been doing considerable amount of preparation prior to receiving notice of dispute.
Registration is complete only after receiving result though the process above and registration fee is paid within the period through the registration agent.
Similar gTLD applications: (2)
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