29 Rights Protection Mechanisms

Prototypical answer:

In order to protect the legal rights of registrants and other third-parties, TWNIC is firmly committed to the protection of trademark rights and implements the mandatory rights protection mechanisms contained in the Applicant Guidebook and detailed in Specification 7 of the ICANN-Registry Agreement. The rights protection mechanisms will be in accordance with the Applicant Guidebook as further described below:

29-1 Safeguards in Pre-launch Period

29-1-1 Registry Reserved Names

TWNIC will reserve certain names from registration in the .政府 gTLD , including but not limited to the names appearing on the list of ICANN reserved gTLD names. To protect geographic names, TWNIC will reserve all capital city names of a country or territory listed in the ISO 3166-1 standard, city names, sub-national place names listed in the ISO 3166-2 standard, names listed in the ISO 3166-3 standard, and names listed as a UNESCO region or appearing on the “Composition of macro geographic (continental) or regions, geographic sub regions, and selected economic and other groupings” list. Currently TWNIC has constituted a Domain Name Committee which comprises 17 members from a variety of stakeholders. The reserved names will be expended to different dimensions and reviewed by TWNIC’s Domain Name Committee.

29-1-2 Applicant Identification Verification Process

The names under the .政府 gTLD will only be made available for applicants who are the authorized representatives of the government. The applicant identification verification process will be operational before commencement of sunrise period, and available thereafter on an ongoing basis. The process is designed to confirm the status and validate contact information for prospective registrants who are the authorized representatives of the government. Applicants who are not the authorized representatives of the government corresponding to the names under .政府 gTLD that they are applying for would not be qualified to apply.

29-1-3 Sunrise Period

This is a pre-launch opportunity for any applicant who is the authorized representative of the government to submit registration requests for .政府gTLD names corresponding to its registered trademarks in use. TWNIC will use the Trademark Clearinghouse to support its pre-launch period rights protection mechanisms (RPMs). These RPMs will consist of a trademark claims service and a sunrise period.

29-1-3-1 Trademark Clearinghouse

Trademark owners have their rights validated by a Trademark Clearinghouse provider prior to the registration being accepted by TWNIC. The Trademark Clearinghouse is expected to serve ʺas a central repository for information to be authenticated, stored, and disseminatedʺ relating to the rights of trademark owners. It defined process for checking the eligibility of the legal rights claimed as the basis of sunrise application.

29-1-3-2 Trademark Claims Processes

TWNIC will give owners of trademarks entered in the Trademark Clearinghouse the right to register a domain name consisting of the trademark before registration is available to the general public.

At the close of the sunrise period, if more than one sunrise application is made for a domain name, all sunrise applicants for that domain name will be notified of the claims made by the other sunrise applicants for that name.

By submitting a registration request, applicant agrees that TWNIC and⁄or its authorized Trademark Clearinghouse is authorized to share information relating to applicant’s registration request with other applicants, as indicated in the trademark claims notice above. In the event any sunrise applicant proceeds with a registration request, such applicant will be deemed on notice of the trademark claims submitted by the other sunrise applicant(s) and may not claim lack of notice with regard to such applicant(s) in any subsequent dispute proceeding.

29-1-3-3 Sunrise Process

The sunrise period will be open to governments and those prospective registrants who have been the authorized representatives of the governments. This period will run for 60 days. All registration requests must include the applicant’s certification, representation, and warranty that the request is compliant with the relevant sunrise requirements. Requests that do not contain the required certification and warranty will be rejected by TWNIC. Any applicant who is eligible may apply on a first-come, first-served basis to register .政府gTLD names.

29-2 Safeguards in General Registrations

29-2-1 Certification⁄Verification

The names under the .政府gTLD will only be made available for applicants who are the authorized representatives of the government. All registration requests must include the applicant’s certification, representation, and warranty that the request is compliant with the relevant Sunrise requirements. Requests that do not contain the required certification and warranty will be rejected by TWNIC.

By submitting a registration request, applicants acknowledge, agree, and accept sole and direct liability for damages suffered by any third party injured as a consequence of a registration request of a name in the .政府gTLD under this policy.

2-2-2 Registry-Registrant Agreement

Prior to submitting a registration request, the ICANN-accredited registrars must secure the affirmative consent of the applicant to the terms and conditions of the Registry-Registrant Agreement, as amended from time to time and posted on the TWNIC’s website.

The Registry-Registrant Agreement contains those items:
- Registrantʹs Obligation of Disclosure
- .政府Registry’s Administration Right
- Dispute Resolution
- Complaints Reporting Procedure

29-2-2-1 Registrantʹs Obligation of Disclosure

When applying to register or renew registration of a domain name or to change domain name registration information, the registrant shall disclose to the registrar and warrant the truthfulness of the below-listed matters, and shall assume sole responsibility for any infringement of rights or interests of others:
- That the statements made on the application form are complete and accurate.
- That, to the registrantʹs knowledge, the domain name registered by it does not infringe on rights or interests of others.
- That it is not registering, and will not use, the domain name for improper purposes.
- That it is not deliberately registering, and will not deliberately use, the domain name in a manner that violates applicable laws or regulations.

29-2-2-2 .政府 Registry’s Administration Right

Based on international Internet community practice and in consideration of public interests such as protection of consumers, protection of intellectual property rights, enforcement of laws etc., TWNIC and its Registrars have the right to cancel the domain name registration if there is any breach of “Registry-Registrant Agreement”.

29-2-2-3 Dispute Resolution

All registrants agree to participate in and abide by any determinations made as part the registry’s dispute resolution procedures, including the Charter Eligibility Dispute Resolution Procedure (CEDRP), the Uniform Rapid Suspension System (URS), and ICANN‘s Uniform Domain Name Dispute Resolution Policy (UDRP).

TWNIC has selected a neutral third-party as its dispute resolution service provider for the CEDRP, URS, and UDRP procedures. The detailed rules, procedures, and fees for the dispute resolution service provider will be published on TWNIC’s website.

29-2-2-4 Complaints Reporting Procedure

TWNIC will establish abuse point of contact responsible for reporting of malicious and abusive conduct. If TWNIC receives a report of something about domain name dispute, TWNIC will pass the case to dispute resolution service provider then follow the Charter Eligibility Dispute Resolution Procedure (CEDRP), the Uniform Rapid Suspension System (URS), and ICANN‘s Uniform Domain Name Dispute Resolution Policy (UDRP) to handle the Dispute Abuse Procedure.

29-2-3 Implementation of Thick WHOIS

TWNIC will include a thick WHOIS database as required in Specification 4 of the Registry Agreement. Thick WHOIS provides could let registry more easily manage and control the accuracy of data, and a consistent user experience.
- Applicants shall provide true complete and accurate information. TWNIC may request the applicant to submit documentations for examination purposes when necessary. TWNIC shall have the right to cancel a domain name registration at any time when the provided information is found incorrect. This is declared in “Registry-Registrant Agreement”, registrants need to sign the “Registry-Registrant Agreement” when applying to register or renew registration of a domain name or to change domain name registration information.
- Registrars are obliged to ensure that the WHOIS database records submitted by their customers are accurate. TWNIC shall have the right to cancel a domain name registration at any time when the provided information is found incorrect. This is set forth in “Registry-Registrant Agreement”.
- Annual System Spot Check: TWNIC will have annual system spot check for WHOIS database accuracy, looking for any data that appears to be inaccurate, including missing data and mistakes that appear to be unintentional.

29-2-4 Reduce Opportunities for Malicious Behaviors

29-2-4-1 Monitoring Malicious Activity

If any malicious activity happened, there is a policy will be implemented. TWNIC targets domain names which are verified to be abusive and removes them within a period.

When receiving a complaint which claims that a domain name is being used to threaten the stability and security of the TLD from a trusted source, third-party, or detected by TWNIC, information about the abusive practice is forwarded to an internal mail distribution list that includes members of processing team. It should investigate the activity within a period and either take down the domain name by placing the domain name on hold.

If it determines there is a reasonable likelihood that the incident warrants immediate action, the domain name will be removed from the zone immediately.

29-2-4-2 Co-works with CERT for Malicious Activity

TWNIC has coordinated the policy and procedure with TWCERT Coordination Center, everyone can report improper use of domain names, such as phishing or pharming on the reporting system, then it will trigger the notification and action procedure. The relevant parties, e.g. ISPs, TWNIC and registrars will receive the immediately notifications and take action to remove phishing sites.

29-2-5 Complaint Filing and Relevant Principles

A complainant may, on the grounds that the below-listed circumstances exist in respect of the registrantʹs domain name registration, file a complaint to this policy.
- The domain name is identical or confusingly similar to a trademark(s), mark(s), personal name, business name, or other emblem(s) of the complainant.
- The registrant has no rights or legitimate interests in respect of the domain name.
- The registrant has registered or used the domain name in bad faith.

Evidence submitted by both parties, and all other materials, shall be considered when determining the presence of the elements. If any of the circumstances below are present, a determination may be made that the registrant has rights or legitimate interests in the domain name:
- Before receiving any notice of the domain name dispute, the registrant used in good faith, or made demonstrable preparations to use, the domain name or a name corresponding to the domain name in selling goods or offering services.
- The registrantʹs use of the domain name is well known to the general public.
- The registrant is making a lawful, non-commercial, or legitimate use of the domain name and is not using it for commercial profit in a manner that would confuse or mislead consumers or detract from or harm the trademark(s), mark(s), personal name, business name, or other emblem(s) at issue.

The circumstances in the following subparagraphs may be considered when making a determination of bad faith in the registration or use of a domain name:
- The registrant registered or acquired the domain name primarily for the purpose of gaining from the complainant or a competitor thereof, by selling or renting the domain name or by some other means, a profit in excess of the expenses related to registering the domain name.
- The registrant registered the domain name for the purpose of preventing the complainant from using a trademark(s), mark(s), personal name, business name, or other emblem in a domain name registration.
- The registrant registered the domain name primarily for the purpose of disrupting the business activities of a competitor.
- The registrant, for purposes of profit-seeking, has intentionally sought to induce or mislead network users to visit the registrantʹs web site or other on-line location by creating confusion with the trademark(s), mark(s), personal name, business name, or other emblem(s) of the complainant.

29-2-6 Take Down Procedure

TWNIC has selected a neutral third-party as its dispute resolution service provider to handle the disputes, and will coordinate and define the KPI of the whole process. A dispute case should be resolved within 2 months.
- The complainant files its complaint to a dispute resolution service provider, and pay the resolution service fee within 10 days.
- The dispute resolution service provider informed the registrant within 3 days since received the service fee paid from the complainant.
- The registrant submits its declaring documents and evidences within 20 days.
- The dispute resolution service provider host examination meetings and makes the resolution within 14 days, and informs the registrant, complainant and TWNIC.
- According to the dispute resolution, TWNIC proceed the ‘transfer’ or ‘cancel’ processes, or turn down the complaint.

Besides following the resolution of domain name disputes to execute the take down procedure, TWNIC will also execute the takedown action in any of the following circumstances:
- When receiving an irrevocable judgment of a court or a certifying document having the same force as an irrevocable judgment of a court;
- When receiving the request of government or other governmental quasi-governmental agency;
- When receiving a notarized settlement agreement between the parties;
- When receiving a notification of malicious activity from CERT or other Internet Safeguard Organizations;
- When receiving a complaint which claims malicious activity, and which has been confirmed; or
- When detecting malicious activity.

29-3 Resourcing Plans

For rights protection mechanisms is basis on variety of functional groups. It includes development⁄engineering, product management, policy management and customer support need to enforcing policies such as the rapid suspension process (Table 29-1 Resourcing Plans, Q29_attachment).

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