29 Rights Protection Mechanisms

Prototypical answer:

The registry shall implement and adhere to any Rights Protection Mechanisms (RPMs) that may be mandated by ICANN from time to time. Additional RPMs as further described below may also be developed and implemented by the Registry to discourage and prevent abusive domain name registrations. All RPMs mandated by ICANN and independently developed by the Registry will be included in the Registry registry-registrar agreement.

Definition
Rights Protection Mechanisms are processes or mechanisms adopted and implemented by registry for the purpose of protecting legal rights by discouraging or preventing registration of domain names that violate or abuse a participant’s legal rights.

The mechanisms include:
Source: the file-PROTECTING THE RIGHTS OF OTHERS WORKING GROUP (PRO WG) FINAL REPORT from ICANN
1. Trademark Clearinghouse
Trademark Clearinghouse is a single database of authenticated registered trademarks. It will be operated by a third party under license or agreement with ICANN. Thus trademark holders do not need to register their trademarks in many databases as the domain name is launched.

The registry use the Trademark Clearinghouse to support the prelaunch or initial launch period rights protection mechanisms which includes a Trademark Claims service and a Sunrise Process.

The registry agrees to adhere to the Clause 6 ‘Mandatory Rights Protection Mechanisms’ and Clause 7 ‘Protection for Marks in Clearinghouse’ of the Trademark Clearinghouse attachment to the DAG.
Source: the file-Applicant Guidebook P301-306⁄ the file- Information for Rights holders from ICANN

(1) Trademark Claims service
The registry will provide Trademark Claims services for marks in the Trademark Clearinghouse during the first 60 days that registration is open for general registration. The intention of the service is to provide clear notice to the prospective registrant of the scope of the mark holder’s rights.

The Trademark Claims Notice provides the prospective registrant access (the links or other sources) to the Trademark Clearinghouse Database information referenced in the Trademark Claims Notice to enhance understanding of the Trademark rights being claimed by the trademark holder. The notice should warrant that:
(i) the notification should be provided in English;
(ii) the prospective registrant has received notification that the mark(s) is included in the Clearinghouse;
(iii) the prospective registrant has received and understood the notice;
(IV) to the best of the prospective registrant’s knowledge, the registration and use of the requested domain name will not infringe on the rights that are the subject of the notice.
Source: the file-Applicant Guidebook P301-306 from ICANN

(2) Sunrise Process
This is a process that the owners of legal rights have the opportunity to register domain names before the landrush process opens to the public.

During sunrise process, Sunrise Eligibility Requirements (SERs) and a Sunrise Dispute Resolution Policy (SDRP) will guide our sunrise service.

A. Sunrise Eligibility Requirements (SERs)
They include:
(i) ownership of a mark which should meets follows requirements:
(a) nationally or regionally registered and for which proof of use – which can be a declaration and a single specimen of current use – was submitted to, and validated by, the Trademark Clearinghouse;
or (b) that have been court-validated;
or (c) that are specifically protected by a statute or treaty currently in effect and that was in effect on or before the date when the registry initiates the sunrise process.
(ii) international class of goods or services covered by registration;
(iii) representation that all provided information is true and correct;
(iv) provision of data sufficient to document rights in the trademark.

B. Challenge Mechanism
(i)Sunrise Registration Challenge Policy administered by TCH or Hong Kong International Arbitration Center (HKIAC)
(ii)During the domain auction, an invited bidder who disputed the entitlement of a competing bidder must notify the Registry and initiate a dispute prior to the commencement of the auction.

2. Professional anti-abuse department
The registry will maintain a professional anti-abuse department to protect people’s legal rights against abusive registrations and other activities that affect the legal rights of others. All reports of abuse should be sent to our abuse department at
Email: abuse@registry.life.
Mailing Address: 35.com building, No.8 Guanri Road, XiaMen, China.

3. Uniform Rapid Suspension System (URS)
Registry will cooperate with ICANN for the implementation of URS, shall the policies and procedures are finalized. The involvement of the registry for the scope of URS shall include the followings:
3.1. Upon completion of the Administrative Review, the URS Provider will immediately notify the registry (via email) (“Notice of Compliant”) after the Compliant has deemed compliant with the filing requirements. Within 24 hours of receipt of the Notice of Complaint from the URS Provider, the registry shall “lock” the domain name, meaning the registry shall restrict all changes to the registration data, including transfer and deletion of the domain names, but the name will continue to resolve. The registry will notify the URS provider immediately upon locking the domain name (“Notice of Lock”).

3.2. If after the Examination in Default case, the Examiner rules in favor of the Registrant, the URS provider shall notify the registry. Upon receiving the official notice from the URS provider, the registry will unblock the name and return full control of the domain name registration to the Registrant.

3.3 If the Determination is in favor of the Complainant, upon receiving the official decision from the URS provider, the registry will suspend the domain name, which shall remain suspended for the balance of the registration period and would not resolve to the original web site. The nameservers shall be re-directed to an informational web page provided by the USR Provider.

The Registry will incorporate URS into the Registration policies, as a takedown measures and procedures to minimize abusive registration.

4. Uniform Domain Name Dispute Resolution Policy (UDRP)
The registry provides the Uniform Domain Name Dispute Resolution Policy (UDRP) for the solution of disputes over the abusive registration. Under the policy, most types of trademark-based domain-name disputes must be resolved by agreement, court action, or arbitration before a registrar will cancel, suspend, or transfer a domain name.

The disputes concerning an alleged abusive registration of a domain name only apply to the following criteria:
(1) the domain name registered by the domain name registrant is identical or confusingly similar to a trademark or service mark in which the complainant (the person or entity bringing the complaint) has rights; and
(2) the domain name registrant has no rights or legitimate interests in respect of the domain name in question; and
(3) the domain name has been registered and is being used in bad faith
The disputes alleged to arise from abusive registrations of domain names (for example, cybersquatting) will initiate, when the hold of trademark rights either
(1) files a complaint in a court of proper jurisdiction against the domain-name holder (or where appropriate an in-rem action concerning the domain name)
or (2) in cases of abusive registration submits a complaint to an approved dispute-resolution service provider such as WIPO and others.

Source: the file-What types of disputes are covered by the UDRP Administrative Procedure? from World Intellectual Property Organization (WIPO)

5. Thick, Reliable WHOIS
...Life registry provide thick and reliable WHOIS to improve the accuracy and completeness of whois data and do rapid data search and resolution to malicious conduct activities, as they are identified. A standard thick whois includes a broader set of data elements including contact information for the registrant and designated administrative and technical contacts. Here is an example of ʺthickʺ Whois output:

Domain: example.life
Registrar Name: Registry Registrar
Registrant Contact:
Name: 35.com.
Address: 35.com building
No 8 guanri road
City: Xiamen
State⁄Province: Fujian
Country: CN
Postal Code: 361008
Phone: 0086-0592-539-0000
Fax: 0086-0592-539-0000
Email: support@registry.life
Administrative Contact:
Name: 35.com.
Address: 35.com building
No 8 guanri road
City: Xiamen
State⁄Province: Fujian
Country: CN
Postal Code: 361008
Phone: 0086-0592-539-0000
Fax: 0086-0592-539-0000
Email: support@registry.life
Technical Contact:
Name: 35.com.
Address: 35.com building
No 8 guanri road
City: Xiamen
State⁄Province: Fujian
Country: CN
Postal Code: 361008
Phone: 0086-0592-539-0000
Fax: 0086-0592-539-0000
Email: support@registry.life
Billing Contact:
Name: 35.com.
Address: 35.com building
No 8 guanri road
City: Xiamen
State⁄Province: Fujian
Country: CN
Postal Code: 361008
Phone: 0086-0592-539-0000
Fax: 0086-0592-539-0000
Email: support@registry.life
Original Creation Date: 25⁄10⁄2012
Expiration Date: 25⁄10⁄2013
Nameserver Information:
Nameserver: ns1.registry.life
Nameserver: ns2.registry.life

6. Registry Restriction Dispute Resolution Procedure (RRDRP)
.life is a generic use TLD and there is no intention to set out any registration restriction in the Registry Registrar Agreement. At such, it is unclear if the RRDRP would apply with to the Registry.

7. Transfer Dispute Resolution Policy (TDRP)
The Transfer Dispute Resolution Policy (TDRP) applies to transactions in which a domain-name holder transfers or attempts to transfer a domain name to a new registrar. The TDRP concerns registrar disputes under the Inter-Registrar Transfer Policy.

The Registry will support the TDRP, and the proceedings may be filed with an independent dispute resolution provider approved by ICANN.

8. Accredited Registrars.
Only the accredited registrars by the registry are allowed to resell .life domain names directly or through their reseller networks around the world.

9. Additional Measures Specific to Rights Protection
Sunrise Program for Registrant Pre-Verification
Registry intends to adopt a Sunrise Program that has the following details:
RPMs
Sunrise with three phases:
Phase 1: Sunrise for Governments
Phase 2: Sunrise for registered trade marks
Phase 3: Sunrise for company names

Schedule ⁄ Length of Sunrise
Phase 1: one month
Phase 2: one month
Phase 3: one month
Landrush: 2 weeks
General Availability

Term of Registration
Sunrise: Two years minimum
Open registration: One year minimum, ten year maximum

Submission Process
Via the Registry accredited registrars.
All applications under each Sunrise phase deemed to have arrived at the same time. Electronic auctions held between eligible competing applicants for the same term.
English auction format selected with highest bidder winning.
The auction will be carried out by outsourcing provider.

Key terms and conditions
Comply with terms in Trademark Clearing House

Character strings
Comply with terms in Trademark Clearing House

Authentication
All application validated by third party Verification Agent, namely Trademark Clearinghouse appointed by ICANN.

Amendments & Reconsiderations
Verification Agent could request an Amendment Clarification from applicant to correct a typographical mistake. No additional fee charged.
Applicant could apply for Reconsideration within seven days of a rejection on the basis of original application or with the provision of further information.

Supporting information
Proof of eligibility such as certified copy of trade mark certificate could be requested by Verification Agent. Certified translations of such document into English could also be requested.

Challenge Mechanism
Sunrise Registration Challenge Policy administered by TCH or Hong Kong International Arbitration Center (HKIAC)
During the domain auction, an invited bidder who disputed the entitlement of a competing bidder must notify the Registry and initiate a dispute prior to the commencement of the auction.

Dispute
All registrants agree to be bound by the UDRP.

Dispute provider
Hong Kong International Arbitration Centre (HKIAC)

Auction
Selecting auctions between competing applicants rather than First Come First Served.
Pre-validation offer by Validation agent. Pre-validation applications were to assign a code with which permitted instant approval following submission to the registry.

Sunrise Challenge Policy
The Sunrise Challenge Policy shall be applied only during the sunrise period for the .life TLD. The challenges under the Sunrise Challenge Policy shall be administered by the Hong Kong International Arbitration Centre (the “Centre”).
A third-party (the “Challenger”) is required to submit to a mandatory administrative proceeding to seek cancellation, transfer or other changes to a domain name registration, in compliance with the rules that:

Phase 1: Sunrise for Governments
The corresponding government body objects to the right the applicant claims or fails to acknowledge the application.

Phase 2: Sunrise for registered trade marks
(1)The applicant is not the owner, co-owner or assignee of the corresponding registered mark.
(2)The registered mark was not registered in full force and effect at the time of application of the domain name.
(3)The applied-for domain name is not a exact match or acceptable match to the textual or word elements of the registered mark which the application of the domain name is based on.
(4)The registered mark was not registered with a trademark office or trademark registry that corresponds to one of the states or other entities set out in the WIPO Standard ST.3 code.

Phase 3: Sunrise for company names
(1)The applied-for domain name does not correspond with the name of the registered entity.
(2)The applied-for domain name is not an exact match or acceptable match to the textual or word elements of the name of the registered entity which the application of the domain name is based on.

All challenges under this Policy must be submitted to the Centre no later than 120 days after the conclusion of the proposed Sunrise Period. The first challenge to be filed will be granted priority by the Centre if there are multiple challenges for the same domain name. The Centre’s challenge is of an administrative nature and shall be final. The Centre shall not be required to state reasons for its decision. The fees for the submission of a challenge and its response shall be decided by the Centre prior to the start of the Sunrise Period.

The Registry shall not participate in the administration or conduct of any proceeding before the Centre under this Policy. The Registry shall also not be liable as a result of any decisions rendered by the Centre.
The Centre shall notify the challenger and .the Registry of all its decision made under this Policy. If the Centre rules in favor of the challenger and the domain name is to be transferred to the new registrant, the Centre shall provide an authorization code provided by the Registry to transfer the domain name to its preferred registrar and update all the WHOIS information within 30 days that the authorization code is provided.

Abusive Use Policy

The registry will incorporate Anti-Abuse policy into the Registry Registrar Agreement(RRA). The registry does not tolerate any abusive use of .life domain names which causes security and stability issues for the the registry, its registrars and the general internet community. The registry defines abusive use of a domain name as the wrong or excessive use of power, position or ability, and includes, without limitation, the following,
Illegal or fraudulent actions;

Spam: The use of electronic messaging systems to send unsolicited bulk messages. The term applies to e-mail spam and similar abuses such as instant messaging spam, mobile messaging spam, and the spamming of Web sites and Internet forums. An example, for purposes of illustration, would be the use of email in denial-of-service attacks;

Phishing: The use of counterfeit Web pages that are designed to trick recipients into divulging sensitive data such as usernames, passwords, or financial data;

Pharming: The redirecting of unknowing users to fraudulent sites or services, typically through DNS hijacking or poisoning;

Willful distribution of malware: The dissemination of software designed to infiltrate or damage a computer system without the ownerʹs informed consent. Examples include, without limitation, computer viruses, worms, keyloggers, and trojan horses;

Fast flux hosting: Use of fast-flux techniques to disguise the location of Web sites or other Internet services, or to avoid detection and mitigation efforts, or to host illegal activities. Fast-flux techniques use DNS to frequently change the location on the Internet to which the domain name of an Internet host or name server resolves.

Botnet command and control: Services run on a domain name that is used to control a collection of compromised computers or ʺzombies,ʺ or to direct denial-of-service attacks (DDoS attacks);

Distribution of child pornography; and

Illegal Access to Other Computers or Networks: Illegally accessing computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individualʹs system (often known as ʺhackingʺ). Also, any activity that might be used as a precursor to an attempted system penetration (e.g., port scan, stealth scan, or other information gathering activity).

Please acknowledge that, according to relevant provisions in RRA, .Life registry reserves the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, that it deems necessary, in its discretion; (1) to protect the integrity and stability of the registry; (2) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (3) to avoid any liability, civil or criminal, on the part of .Life registry, as well as its affiliates, subsidiaries, officers, directors, and employees; (4) per the terms of the registration agreement or (5) to correct mistakes made by .Life registry or any Registrar in connection with a domain name registration.

Implementation Plan

To enhance the security, integrity and quality of .life domain name, we implement rights protection mechanisms against abusive registrations and activities.
1. A professional anti-abuse department is set up for minimizing abuse registration and other activities that affect the legal rights of others.
2. During the sunrise period of .life domain names, trademark clearinghouse including trademark claims service and sunrise process will be implemented to protect the rights of trademark holders and other rights holders from infringing intellectual property rights and abusive registrations.
3. Abusive registrations and uses of .life domain names should be prohibited.
4. The registry will adhere to any Rights Protection Mechanisms (RPMs) that may be mandated by ICANN from time to time

During the implementation phase, the software engineer shall configure the reserve words based on input by the compliance manager and ICANN default reserve list. The Software engineer shall perform the configuration of the sunrise, landrush and general availability phases into the SRS between sunrise cooling periods.

Upon the completion of the implementation phase, the Test Engineer will perform rigorous testing procedures to ensure that the system performs according to specifications. Once the test phase is completed, the configuration shall be hand-over to System Administrator to be deployed to the production environment. A Project Manager is assigned to perform project management and overall control during the implementation phase. The Project Manager will conduct training for the registry users on the sunrise, landrush and general availability handling in the system. The setup shall be completed in stages according to the sunrise process. The configuration in each stage shall be completed in 2 weeks.

The compliance manager shall perform policy review and refinement from time to time so that the rights protection policy can cover as much cases as possible. The software engineer is tasked to maintain the reserve list according to instructions given by the compliance manager.

Resourcing Plan
Xiamen 35.com Technology Co. Ltd will commit the following resources to maintain the Right Protection Mechanisms for the registry as follows:
Job description and requirements:

Position⁄Number
The Compliance Manager ⁄ 1
Responsibilities:
Coordination with the outsource service providers towards the RPM mechanisms namely Trademark Clearing House, URS, PDDRP, and UDRP, and legal affairs.
Responsible for various compliance matters of .Life registry
Works independently within established policies, guidelines and strategies; develop relevant policies and procedures as necessary.
Advanced professional knowledge and expertise.
Demonstrates seasoned and proven judgment.
Compliance Training & Compliance Manual.
Internal reports and inquiries: prepare compliance internal reports.
Supervision: supervise compliance rep and delegate some of the responsibilities as appropriate.
Other compliance matters that may be assigned.

Requirements:
5 years industry experience required.
Extensive knowledge and understanding of the internet and network.
Previous compliance experience is required.
Computer literate.
Strong interpersonal skills and a team player.
Strong written and spoken English in addition to the local language.
Bachelor⁄University degree.

The compliance staff ⁄ 1
Job Responsibilities:
Receive incoming reports and abuse complaints.
Carry out handling procedure.
Review the issues.
Regular Report to the manager.

Requirements:
Solid understanding of internet terminology.
Knowledge of basic office skills (Word, Outlook, Excel, general database).
Exceptional written & verbal communication.
Ability to learn and effectively utilize customer support tools⁄resources.
Six months customer service experience.
Preferred educational background in legal and Computer technology.
Strong written and spoken English in addition to the local language

The registry compliance team’s daily work may mostly include the following,
1.Randomly sample domain for domain’s whois validation
2.Review the result on public whois reporting system and contact the registrar(s) for further supporting information wherever necessary.
3.Receive the public abuse report and handle it in accordance with registry polices and procedures. Keep in contact with the registrar(s) for solution and support when needed.
4.Liaison with ICANN for the compliance issues
5.Coordination with the outsource service providers towards the RPM mechanisms namely Trademark Clearing House, URS, PDDRP, and UDRP, and legal affairs.

Please further refer to the detailed resource plan in question 31 for the human resource policy.

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