Japan Network Information Center
Publication: July 19, 2000
Revision: October 10, 2000
Implementation: November 10, 2000
JP Domain Name Dispute Resolution Policy
Art. 1 Purpose
This "JP Domain Name Dispute Resolution Policy" (hereinafter referred to as "the Policy") has been adopted by The Japan Network Information Center (hereinafter referred to as "the Center") and is incorporated by reference into the "Rules on Registration of JP Domain Names in accordance with the Nature (Type of Organizations) or Local Type" and "Rules on the Registration of JP Domain Names for General- purpose" (hereinafter referred to as "the Registration Rules"), which shall be abided by registrants who have registered their domain names at the Center (hereinafter referred to as "the Registrant"). The Policy has determined the conditions in connection with a dispute between the Registrant and any third party over the domain name arising from the registration and the use of domain name registered by the Registrant. Proceedings on JP Domain Name Dispute Resolution under Art. 4 of the Policy shall be conducted according to the "Rules for Procedure of JP Domain Name Dispute Resolution Policy" (hereinafter referred to as "Rules for Procedure") and the selected administrative- dispute-resolution supplemental rules of the dispute-resolution service provider that will be approved by the Center (hereinafter referred to as "the dispute-resolution service provider").
Art. 2 Notice of the Registrant and Violation of Duty of Notice
By applying to register a domain name, or by asking the Center to maintain or renew a domain name registration, the Registrant shall notify the Center of that:
- the contents of statements made in the Registration Application are complete and accurate;
- to the best knowledge of the Registrant, the registration of the domain name will not infringe upon or otherwise violate the rights or interests of any third party
- the Registrant is not registering the domain name for in bad faith (unfair purposes) (purposes of gaining unfair interests, of causing damages to others and other bad faith (unfair purpose.) The same shall apply in the followings.)
- the Registrant will not knowingly use the domain name in violation of any applicable laws or regulations.
In the event that any of the above is not correct, the Registrant agrees that the domain name may be transferred or cancelled pursuant to the Policy.
Art. 3 Transfers and Cancellations of Domain Name
The Center will transfer or cancel the domain name registration under the following circumstances:
- Subject to the provisions of Art. 8, the receipt by the Center of written instructions from the Registrant or its authorized agent to take such action;
- The receipt by the Center of the original (a copy of the original may be acceptable if circumstances require) of an order from a court or arbitration tribunal, in each case of competent jurisdiction, requiring such action; and/or
- The receipt by the Center of a decision of an Administrative Panel requiring such action in JP Domain Name Dispute Resolution Proceedings to which the Registrant was a party and which was conducted under this Policy or a later version of this Policy adopted by the Center (See Art. 4 (i) and (k) of the Policy below.)
The Center may also cancel or transfer the domain name registration in accordance with the terms of the Registration Rules or other legal requirements. If the transfer has been made, however, the Center will not establish the name server for the domain name unless the qualifications and requirements for registration are satisfied.
Art. 4 JP Domain Name Dispute Resolution Proceeding
This Article sets forth the type of disputes for which the Registrant is required to submit to JP Domain Name Dispute Resolution Proceedings. These proceedings will be conducted before one of the administrative-dispute-resolution service providers listed on the web site of the Center.
a. Applicable Dispute
The Registrant is required to submit to this JP Domain Name Dispute Resolution Proceeding in the event that a third party (hereinafter referred to as "Complainant") asserts to the applicable dispute-resolution service provider, in compliance with the Rules of Procedure, that
- the domain name of the Registrant is identical or confusingly similar to any mark such as trademark or service mark in which the Complainant has rights or legitimate interests; and
- the Registrant has no rights or legitimate interests in respect of the domain name registration; and
- the domain name of the Registrant has been registered or is being used in bad faith (unfair purpose).
In the JP Domain Name Dispute Resolution Proceeding, the Complainant must maintain that each of these three elements is present in the complaint.
b. Proof of Registration or Use in In Bad Faith (Unfair Purpose)
To determine whether or not there are factual elements provided by this Article (a)(iii), the panel of the dispute-resolution service provider shall consider that the registration or use of a domain name is for in bad faith (unfair purpose) if the Panel found especially the following circumstances, in particular but without limitation.
- circumstances indicating that the Registrant has registered or has acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name to the Complainant or to a competitor of that Complainant, for valuable consideration in excess of the out-of-pocket costs (amount to be confirmed by documentation) directly related to the domain name; or
- the Registrant has registered the domain name in order to prevent the Complainant from reflecting any trademarks or other indication in a corresponding domain name, provided that the Registrant has engaged in a plural numbers of such interferance; or
- the Registrant has registered the domain name primarily for the purpose of disrupting the business of a competitor; or
- by using the domain name, the Registrant has intentionally attempted to attract, for commercial gain, Internet users to the web site or other on-line location of the Registrant, by intending to make a confusion as to the source, sponsorship, affiliation, or endorsement of the web site or location or of a product or service thereon.
c. How to Demonstrate the Rights to and Legitimate Interests of the Registrant in the Domain Name
When the Registrant receives a complaint, the Registrant should refer to Art. 5 of the Rules of Procedure and submit the response to the dispute-resolution service provider. In order to determine whether or not the factual situation provided by this Article a (ii), if the panel reviewed all evidence presented either by the Complainant or the Registrant and especially found the following circumstance, in particular but without limitation, the Panel shall consider that the Registrant holds the rights or legitimate interests to the domain name:
- before the Registrant receives any notice of the dispute related to the subject domain name by any third party or the dispute-resolution service provider, the Registrant uses of, or apparently demonstrate preparations to use of, the domain name or a name corresponding thereto, in order to offer of goods or services without any bad faith (unfair purpose); or
- the Registrant has been commonly known by any name under the domain name, regardless of registration or others by the Registrant of any trademark and other indications.
- The Registrant is using the domain name for a noncommercial purpose or is making fair use of the domain name, without intent for commercial gain to misleadingly divert consumers by utilizing the trademark and other indications of the Complainant or to tarnish any trademark and other indications of the Complainant.
d. Selection of dispute-resolution service provider
The Complainant shall select the dispute-resolution service provider from among those approved by the Center by submitting the complaint to that dispute-resolution service provider. The selected dispute-resolution service provider shall administer and conduct the JP Domain Name Dispute Resolution Proceeding, except in cases of consolidation as described in this Article (f).
e. Initiation of Proceeding and Process and Appointment of Panel.
The Rules of Procedure state the process for initiating and conducting a proceeding and for appointing the panel that will decide the dispute.
f. Consolidation
In the event of multiple disputes between the same Registrant and the Complainant, either the Registrant or the Complainant may petition to consolidate the disputes before a single panel. This petition shall be made to the first panel appointed to hear a pending dispute between the parties. This panel may consolidate before it any or all such disputes at its sole discretion, provided that the consolidated disputes are governed by this Policy or later versions of this Policy adopted by the Center.
g. Fees
All fees charged by a dispute-resolution service provider in connection with any dispute case before a panel pursuant to this Policy shall be paid by the Complainant, except in cases where the Registrant elects to expand the number of panelist from one to three as provided in Art. 5 of the Rules of Procedure, in which case all the fees will be shared evenly between the parties.
h. The Involvement of the Center in the JP Domain Name Dispute Resolution Proceedings
This Center does not, and will not participate in the administration or conduct of any proceeding before a panel. In addition, the Center will not be liable for the result of any decisions rendered by the panel.
i. Remedies
The remedies available to the Complainant pursuant to any proceeding before a panel shall be limited to requiring the cancellation of the domain name of the Registrant or the transfer of the domain name registration to the Complainant.
j. Notification and Publication
The dispute-resolution service provider shall notify the Center of any decision made by a panel with respect to the domain name. All decisions shall be published in full over the Internet, except when a panel determines in an exceptional case to redact portions of its decision.
k. Availability of Court Proceedings
Either of the parties may submit the dispute to a court before the JP Domain Name Dispute Resolutions Proceeding is commenced, whilst such proceeding is pending or after such proceeding is concluded. Any requirement set forth in this Article shall not prevent the parties from submitting the dispute to a court under this clause. If the panel decides that the domain name registration of the Registrant should be canceled or transferred, the Center will wait ten (10) business days (as observed in the location of the principal office of the Center) after the Center is informed by the applicable dispute-resolution service provider of the Panel's decision before implementing that decision. The Center will then implement the decision unless the Center has received from the Registrant during the ten (10) business day period officially certified copy of document(such as a copy of a complaint, file-stamped by the clerk of the court) that the Registrant has commenced a lawsuit against the Complainant in a jurisdiction to which the Complainant has submitted under Art. 3 (b) (xii) of the Rules of Procedure. (In general, that jurisdiction is either the Tokyo District Court or the location of the address of the Registrant as shown in the domain name's registration data in the Center. See Art. 1 and Art. 3 (b) (xii) of the Rules of Procedure.) If the Center receives such officially certified copy of the document within the ten (10) business day period, the Center will not implement the panel's decision. The Center will take no further action concerning the implementation of the Panel's decision until the Center receives (i)the certified copy of settlement agreement between the parties made in notarized documentation, (ii) the officially certified cop of the petition for withdrawing the action brought by the Registrant and of consent for the withdraw by the Complainant, or (iii) the officially certified copy of a final judgment or the documentation equivalent to it of such court dismissing the lawsuit or ordering that the Registrant does not have the right to continue to use the domain name. Any copy may be submitted instead of the officially certified copy of the document mentioned above.
Art. 5 All Other Disputes and Litigation
All other disputes between the Registrant and the Complainant regarding the domain name registration, which are not brought pursuant to Art. 4 of the JP Domain Name Dispute Resolution Proceeding, shall be resolved between the parties through any court, arbitration or other proceeding that may be available.
Art. 6 The Involvement of the Center in Disputes
The Center will not participate in any way in any dispute between the Registrant and any third party regarding the registration and use of the domain name. The Registrant shall not name the Center as a party or otherwise include the Center in any such proceeding. In the event that the Center is named as a party in any such proceeding, the Center reserves the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend the Center.
Art. 7 Maintaining the Status Quo
The Center will not transfer, cancel or otherwise change the status of any domain name registration under this Policy except as provided in Art. 3 of this Policy and in the Registration Rules.
Art. 8 Transfers of Domain Name During a Dispute
The Registrant may not transfer the domain name registration to another holder under each of the following conditions.
- during a pending JP Domain Name Dispute Resolution Proceeding pursuant to Art. 4 or for a period of fifteen (15) business days (as observed in the location of the principal office of the Center) after such proceeding is concluded; or
- during a pending court proceeding or arbitration unless the party to whom the domain name registration is being transferred agrees, in writing, to be bound by the decision of the court or arbitrator.
The Center reserves the right to cancel any transfer of a domain name registration to another holder that is made in violation of this Article.
Art. 9 Policy Modifications
The Center reserves the right to modify this Policy at any time. The Center will post the revised Policy at the website of the Center at least thirty (30) calendar days before it becomes effective. When the Proceeding was initiated by the submission of a complaint to the dispute-resolution service provider, the Policy in effect at the time it was invoked will continue to be applied to the proceeding until it is concluded. In the event that the proceeding was not initiated under this Policy, all the changes shall be applied to all JP Domain Name Dispute Resolution Proceeding, whether the dispute arose before, on or after the effective date of the change. In the event that the Registrant objects to a change in this Policy, the sole remedy for the Registrant is to cancel the domain name registration with the Center, provided that the Registrant will not be entitled to a refund of any fees it paid to the Center. The revised Policy will apply to the Registrant until the Registrant completes the cancellation of domain name registration.
Art. 10 Applicable Law in this Policy
All the provisions in this Policy shall be construed in accordance with the laws of Japan. The panel that will conduct dispute resolution under this Policy shall render decisions pursuant to the laws of Japan.
(c)JPNIC/February 2001
