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This is an unofficial translation provided as reference
material to aid in the understanding of this rule.
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Only the original Japanese texts of the rule have
legal effect.
http://www.nic.ad.jp/ja/doc/validity.html
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This document does not reflect the change in the
original Japanese texts effective on June 1, 2007 so
this is not a translation of the current rule in
effective.
Publication: July 19, 2000
Revision: October 10, 2000
Revision: February 19, 2002
Implementation: April 1, 2002
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 Japan Network Information
Center (hereinafter referred to as "JPNIC") and is incorporated by
reference into the "Registration Rules for Organizational Type and
Geographic Type JP Domain Names" and "Registration Rules for
General-use JP Domain Names"(hereinafter referred to as "the
Registration Rules"), which shall be abided by registrants who have
registered their domain names at Japan Registry Service Co.,
Ltd.(hereinafter referred to as "JPRS") (hereinafter referred to those
registrants 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 supplemental rules of the selected
dispute-resolution service provider that is approved by JPNIC
(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 JPRS to maintain
or renew a domain name registration, the Registrant shall notify JPRS
of that:
a. the contents of statements made in the Registration Application
are complete and accurate
b. 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
c. the Registrant is not registering the domain name for in bad faith
(unfair purposes, that is, purposes of gaining unfair interests,
of causing damages to others and other unfair purposes. The same
shall apply in the followings.)
d. 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
JPRS will transfer or cancel the domain name registration under the
following circumstances:
a. Subject to the provisions of Art. 8, the receipt by JPRS of
written instructions from the Registrant or its authorized agent
to take such action;
b. The receipt by JPRS 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
c. The receipt by JPRS 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 JPNIC (See Art. 4 (i) and (k) of the Policy below.)
JPRS 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 JPRS 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 JPNIC.
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
i. 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
ii. the Registrant has no rights or legitimate interests in respect
of the domain name registration; and
iii. 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.
i. 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
ii. 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 interference;
or
iii. the Registrant has registered the domain name primarily for the
purpose of disrupting the business of a competitor; or
iv. 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:
i. 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
ii. 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.
iii. 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 JPNIC 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 JPNIC.
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 JPNIC and JPRS in the JP Domain Name Dispute
Resolution Proceedings
JPNIC and JPRS do not, and will not participate in the administration
or conduct of any proceeding before a panel. In addition, JPNIC and
JPRS will not be liable for decisions itself 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 JPNIC and JPRS of
any decision made by a panel with respect to the domain name. The
dispute-resolution service provider shall publish all decisions 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, JPRS will wait ten (10) business days (as
observed in the location of the head office of JPRS) after JPRS is
informed by the applicable dispute-resolution service provider of the
Panel's decision before implementing that decision. JPRS will then
implement the decision unless JPRS 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 JPRS. See Art. 1 and Art. 3 (b) (xii) of the Rules of
Procedure.) If JPRS receives such officially certified copy of the
document within the ten (10) business day period, JPRS will not
implement the panel's decision. JPRS will take no further action
concerning the implementation of the Panel's decision until JPRS
receives (i)the certified copy of settlement agreement between the
parties made in notarized documentation, (ii) the officially certified
copy 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 JPNIC and JPRS in Disputes
Both JPNIC and JPRS 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 JPNIC and/or
JPRS as a party/parties or otherwise include JPNIC and/or JPRS in any
such proceeding. In the event that JPNIC and/or JPRS are/is named as a
party/parties in any such proceeding, JPNIC and/or JPRS reserve(s) the
right to raise any and all defenses deemed appropriate, and to take
any other action necessary to defend itself/themselves.
Art. 7 Maintaining the Status Quo
JPRS 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.
i. 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 head office of JPRS) after
such proceeding is concluded; or
ii. 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.
JPRS reserves the right to delete any registration of a domain name
transferred to another holder or to disapprove of any application for
transfer of registration which are made in violation of this Article.
Art. 9 Policy Modifications
JPNIC reserves the right to modify this Policy at any time. JPNIC and
JPRS will post the revised Policy on each website 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 JPRS, provided that the
Registrant will not be entitled to a refund of any fees paid to
JPRS. 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/April 2003
