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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
Publication: July 19, 2000
Revision: October 10, 2000
Revision: February 19, 2002
Revision: January 21, 2005
Revision: March 9, 2007
Implementation: June 1, 2007
Rules for JP Domain Name Dispute Resolution Policy
JP Domain Name Dispute Resolution Proceeding based on "JP Domain Name
Dispute Resolution Policy" adopted by Japan Network Information Center
(hereinafter referred to as "JPNIC") shall be conducted in accordance
with "Rules for JP Domain Name Dispute Resolution Policy" (hereinafter
referred to as "the Rules"), and also with the Supplemental Rules of
the dispute-resolution service provider administering the proceedings,
as posted on its web site.
Art. 1 Definitions
In these Rules:
a. "Complainant" means the party submitting a complaint concerning
JP Domain Name Dispute Resolution Proceedings.
b. "Party" means a Complainant or a Registrant of the domain name in
JP Domain Name Dispute Resolution Proceedings.
c. "Provider" means a dispute-resolution service provider certified
by JPNIC. A list of such Providers appears on the web site of
JPNIC.
d. "Panel" means an administrative panel appointed by a Provider in
order to review and decide a complaint concerning JP Domain Name
Dispute Resolution Proceedings.
e. "Panelist" means an individual appointed by a Provider to be a
member of a Panel.
f. "Mutually agreed jurisdiction" means either:
1. The Tokyo District Court, or
2. A court of jurisdiction at the location of the address of the
Registrant set forth in the domain name's registration record
in Japan Registry Service Co., Ltd(hereinafter referred to as
"JPRS") at the time the Complainant submitted a complaint to
the Provider.
g. "Registration Rules" means "Registration Rules for Organizational
Type and Geographic Type JP Domain Names" and "Registration Rules
for General-use JP Domain Names", which prescribe the content of
contract between JPRS and the Registrant.
h. "Resolution Policy" means the "JP Domain Name Dispute Resolution
Policy" that is incorporated by reference and made a part of the
Registration Rules.
i. "Business Day" means business days set forth otherwise in
Supplemental Rules by the Provider.
j. "Supplemental Rules" means the rules adopted by the Provider
administering the JP Domain Name Dispute Resolution Proceeding to
supplement these Rules. These Supplemental Rules shall not be
inconsistent with the Policy or these Rules, and shall cover such
topics as fees, word and page limits and guidelines, the means
for communication with the Provider and the Panel, and the form
of cover sheets for communication and notification.
Art. 2 Communications
a. When forwarding a complaint to the Registrant, it shall be the
Provider's responsibility to employ a reasonably available means
calculated to achieve actual notice to Registrant. Achieving
actual notice, or employing all the following measures to do so,
communications shall be deemed to have been actually achieved.
i. Sending the complaint to all postal and facsimile
addressesof the representative and the person in charge of
registration of the registered domain name holder shown in
the domain name's registration data in JPRS.
ii. Sending the complaint in electronic form (including
annexes to the extent available in that form by e-mail) to
all the following addresses
A. the e-mail address of the person in charge of
registration
B. postmaster@<the contested domain name>
iii. Sending the complaint to any address the Registrant has
notified the Provider it prefers and to all other
addresses notified to the Provider by the Complainant
under Art. 3 (b)(v).
b. Except as provided in the previous paragraph, any written
communication to the Complainant or Registrant provided for under
these Rules shall be made by the preferred means stated by the
Complainant or Registrant, respectively as set forth in Art. 3
(b)(iii) or Art. 5 (b)(iii), or in the absence of such
specification by either of the following means.
i. by facsimile transmission, with a confirmation of
transmission; or
ii. by postal service, postage pre-paid and return receipt
requested; or
iii. electronically via the Internet, provided that a record of
its transmission is available.
c. Any communication from either Party to the Provider or the Panel
shall be made by the means and in the manner (including number of
copies) stated in the Supplemental Rules.
d. Communication shall be made in the language prescribed in
Art. 11. E-mail communications should be sent in plain text.
e. Either Party may update its contact details (including contact
person, means, postal address, e-mail address, telephone number
and fax number) by notifying the Provider and JPRS.
f. Except as otherwise provided in these Rules, or decided by a
Panel, all communications provided for under these Rules shall be
deemed to have been made on either of the following dates:
i. if delivered by facsimile transmission, on the date shown
on the confirmation of transmission; or
ii. if by postal service, on the date marked on the receipt; or
iii. if via the Internet, on the date that the communication
was transmitted, provided that the date of transmission is
verifiable.
g. Except as otherwise provided in these Rules, all time periods
under these Rules shall begin to be reckoned from the earliest
date that the communication is deemed to have been made in
accordance with the previous paragraph.
h. All the copies of communications shall be sent to the parties
concerned as follows;
i. if from the Panel to either of the Party, to the Provider
and the other Party;
ii. if from the Provider to either of the Party, to the other
Party; and
iii. if from either Party, to the other Party, the Panel and
the Provider, as the case may be.
i. It shall be the responsibility of the sender to retain records of
the fact and circumstances of sending, which shall be available
for inspection by affected parties and for reporting purposes.
Art. 3 The Complaint
a. Any person or entity, who has a stake in a registered domain name
may initiate JP Domain Name Dispute Resolution Proceedings by
submitting a complaint in accordance with the Policy and these
Rules to any Provider approved by JPNIC. (Due to capacity
constraints or for other reasons, a Provider's ability to accept
complaints may be suspended at times. In that event, the Provider
shall refuse the submission. The person or entity refused
submission may submit the complaint to another Provider.)
b. The complaint shall be submitted in hard copy and in e-mail
(except to the extent not available for attached to e-mail as
related documents) and shall:
i. Request that the complaint be submitted for decision in
accordance with the Policy and these Rules;
ii. Provide the name, postal and e-mail addresses, and the
telephone and fax numbers of the Complainant and of any
agent authorized to act for the Complainant in the JP
Domain Name Dispute Resolution Proceeding.
iii. Specify a preferred method for communications directed to
the Complainant in the JP Domain Name Dispute Resolution
Proceeding (including person to be contacted, medium and
postal and e-mail address information) for each (A)
communication by e-mail and (B) communication by postal
service;
iv. Designate whether the Complainant elects to have the
dispute decided by a single member or a three member Panel
that will decide in the JP Domain Name Dispute Resolution
Proceedings, and in the event that the Complainant elects
a three member Panel, provide the names and contact
details of three candidates to serve as one of the
Panelists (these candidates must be drawn from any
JPNIC-approved Provider's list of panelists);
v. Provide the name of the Registrant, the name of office and
others, and all information (including any postal and
e-mail addresses and telephone and fax numbers) known to
the Complainant regarding how to contact the Registrant or
any agent of Registrant, including contact information
based on pre-complaint dealings of JP Domain Name Dispute
Resolution Proceeding, in sufficient detail to allow the
Provider to send the complaint as described in Art. 2(a);
vi. Specify the domain name(s) that is / are the subject of
the JP Domain Name Dispute Resolution Proceedings;
vii. Identify that the domain name(s) is / are registered with
JPRS at the time the complaint is filed;
viii. Specify any mark(s) such as trademark(s) and other
indication(s) on which the complaint is based, and
describe the nature and content of the goods or services,
if any, with which the mark or indication is used (the
Complainant may also separately describe other goods and
services with which it intends, at the time the complaint
is submitted, to use the mark in the future);
ix. Describe the grounds and reasons on which the complaint is
made including the following three items, in particular,
1. the manner in which the subject domain name(s) is /
are identical or confusingly similar to any trademark
and other indication in which the Complainant has
rights or legitimate interests; and
2. why the Registrant should be considered as having no
rights or legitimate interests in respect of the
subject domain name(s);
3. why the domain name(s) should be considered as having
been registered or being used for in bad faith (unfair
purpose). (The description should, for elements (2)
and (3) above, discuss any aspects of Art. 4 Paragraph
(b) and (c) of the Policy that are applicable. The
description shall comply with any word or page limit
set forth in the Provider's Supplemental Rules);
x. Specify, in accordance with the Policy and these Rules,
the remedies sought;
xi. Identify any other legal proceedings that have been
commenced or terminated in connection with or relating to
any of the domain name(s) that is /are the subject of the
complaint;
xii. State that the Registrant will submit any challenges to a
decision canceling or transferring the domain name, to the
jurisdiction of the courts in at least one specified
Mutually agreed jurisidicition.
xiii. Conclude with the following statement followed by the
signature or setting the hands and seals of the Complaint
or its authorized agent:
1. "Complainant agrees that its claims and remedies
concerning the registration of the domain name, the
dispute, or the dispute's resolution shall be solely
against the Registrant and waives all such claims and
remedies against (a) the dispute-resolution provider
and panelists, (b) JPRS itself, directors, officers,
employees of JPRS and other persons concerned, and (c)
JPNIC itself, directors, officers, employees,
committee members of JPNIC and other persons
concerned, except in the case of deliberate
wrongdoing."
2. "Complainant certifies that the information contained
in this Complaint is to the best of Complainant's
knowledge complete and accurate, that this Complaint
is not being presented for any improper purpose, such
as to harass."
xiv. Annex of any documentary or other evidence, including a
copy of the Policy applicable to the subject domain
name(s) in dispute and any trademark registration upon
which the complaint relies, together with a schedule and
description indexing such evidence.
xv. Submit proxy (documentation certifying the existence of
proxy) if an agent conducts this proceeding,
c. The Complaint may relate to more than one domain, provided that
the domain names are registered by the same Registrant.
Art. 4 Service of Process for Complaint
a. The Provider shall review the complaint for compliance with the
Policy and these Rules and, if in compliance, shall forward the
complaint, together with the explanatory cover sheet prescribed
by the Provider's Supplemental Rules to the Registrant, in the
manner prescribed by Art. 2 (a) within three (3) business days
following receipt of the fees to be paid by the Complainant in
accordance with Art. 19.
b. If the Provider finds the complaint to be administratively
deficient, it shall promptly notify the Complainant of the nature
of the deficiencies identified. The Complainant shall have five
(5) business days after the receipt of such notification to
correct any such deficiencies. Without any correction during this
term, the Complaint will be deemed withdrawn. Provided however,
even though the subject complaint is deemed withdrawn, the
Complainant may submit a new complaint.
c. The date of commencement of the proceedings shall be the date on
which the Provider sends the complaint to the Registrant under
Art. 2 (a).
d. The Provider shall immediately notify the Complainant, the
Registrant, JPNIC and JPRS of the domain name in dispute and the
date of commencement of the proceedings.
Art. 5 The Answer
a. Within twenty (20) business days of the date of commencement of
the proceeding, the Registrant shall submit a response to the
Provider.
b. The answer shall be submitted in hard copy and (except to the
extent not available for the attached to e-mail as related
documents) in e-mail and shall state the following items:
1. Responding and rebutting specifically to the statements and
allegations contained in the complaint and include any and
all reasons or bases for the Registrant to retain
registration and use of the disputed domain name (This
portion of the answer shall comply with any word or page
limit set forth in the Provider's Supplemental Rules);
2. Providing the name, postal and e-mail addresses, and the
telephone and fax numbers of the Registrant and of any agent
authorized to act for the Registrant in the JP Domain Name
Dispute Resolution Proceedings.
3. Specifying a preferred method for communication directed to
the Registrant in the JP Domain Name Dispute Resolution
Proceedings (including the person to be contacted, medium and
postal and e-mail address information) for each of (A)
sending by e-mail and (B) sending by postal service;
4. If the Complainant has elected a single member panel in the
Complaint (See Art. 3 (c) (vii)), state whether the
Registrant elects instead to have the dispute decided by a
three member panel;
5. If either Complainant or Registrant elects a three member
Panel, provide the names and contact details of three
candidates to serve as one of the Panelists (these candidates
must be drawn from any JPNIC-approved Provider's list of
panelists);
6. Identifing any other legal proceedings that have been
commenced or terminated in connection with or relating to any
of the domain name(s) that is / are the subject of the
complaint;
7. Concluding with the following statement followed by the
signature or setting hands and seals of the Registrant or its
authorized agent: "Registrant certifies that the information
contained in this Answer is to the best of Registrant's
knowledge complete and accurate, that this Answer is not
being presented for any improper purpose, such as to harass."
8. Annex of any documentary or any other evidence upon which the
Registrant relies, together with a schedule and description
indexing such documents.
9. Submit a proxy (documentation certifying the existence of
proxy) if an agent conducts the proceeding,
c. If the Complainant has elected to have the dispute decided by a
single member Panel and Registrant elects a three member Panel,
Registrant shall be required to pay one half of the applicable
fee for a three member Panel as set forth in the Provider's
Supplemental Rules. This payment shall be made together with the
submission of the Answer to the Provider. In the event that the
required payment is not made, the dispute shall be decided by a
single member Panel.
d. At the request of the Registrant, the Provider may, in
exceptional cases, extend the period of time for the filing of
the Answer. The period may also be extended by written
stipulation between the Parties, provided that the stipulation is
approved by the Provider.
e. The Provider shall immediately forward the Answer to the
Complainant when it has received the Answer.
f. If a Registrant does not submit a answer, in the absence of
exceptional circumstances, the Panel shall decide the dispute
based on the complaint.
Art. 6 Appointment of the Panel and Date of Decision
a. Each Provider shall maintain and publish a publicly available
list of panelists and their qualifications.
b. If neither the Complainant nor the Registrant has elected a three
member Panel (See Art. 3 (b) (iv) and Art. 5 (b) (v)), the
Provider shall appoint, within five (5) business days following
the receipt of the Answer by the Provider, or the lapse of the
time period for the submission thereof, a single Panelist from
its list of panelists. The fees for a single member Panel shall
be paid entirely by the Complainant.
c. If either the Complainant or the Registrant elects to have the
dispute decided by a three member Panel, the Provider shall
appoint three Panelists in accordance with the procedures
identified in this Article, paragraph (e). The fees for a three
member Panel shall be paid in their entirety by the Complaint,
except where the election for a three member Panel was made by
the Registrant, in which case the applicable fees shall be shared
equally between the Parties.
d. If the Complainant doesn't selects a three member Panel, but the
Registrant chooses a three member Panel, the Complainant shall
submit to the Provider, within five (5) business days of sending
of an answer in which the Registrant elects a three member Panel,
the names and contact details of three candidates to serve as one
of the Panelists. These candidates must be drawn from any
JPNIC-approved Provider's list of panelist.
e. In the event that either the Complainant or the Registrant elects
a three member Panel, the Provider shall endeavor to appoint one
Panelist from the list of candidates provided by each of the
Complainant and the Registrant. In the event that the Provider is
unable within five (5) business days to secure the appointment of
a Panelist on its customary terms from either Party's list of
candidates, the Provider shall make that appointment from its
list of panelists. The third Panelist shall be appointed by the
Provider from a list of five candidates submitted by the Provider
to the Parties, the Provider's selection from among the five
being made in a manner that reasonably balances the preferences
of both Parties, as they may specify to the Provider within five
(5) business days of the Provider's submission of the
five-candidate list to the Parties.
f. Once the entire Panel is appointed, the Provider shall notify the
Parties, JPNIC and JPRS of the Panelists appointed and the date
by which, except in exceptional circumstances, the Panel shall
render its decision on the complaint to the Provider.
Art. 7 Impartiality and Independence
A Panelist shall be impartial and independent, and shall have, before
accepting appointment, disclosed to the Provider any circumstances
giving rise to justifiable doubt as to the Panelist's impartiality or
independence. If, at any stage during the proceeding, new
circumstances arise that could give rise to justifiable doubt as to
the impartiality or independence of the Panelist, that Panelist shall
promptly disclose such circumstances to the Provider. In such event,
the Provider shall have the discretion to appoint a substitute
Panelist.
Art. 8 Communication between Parties and the Panel
No Party or anyone acting on its behalf may have any unilateral
communication with the Panel. All communications between a Party and
the Panel shall be made to a secretariat or a case administrator
appointed by the Provider in the manner prescribed in the Provider's
Supplemental Rules.
Art. 9 Transmission of the File to the Panel
The Provider shall forward the file to the Panel as soon as the
Panelist is appointed (or as soon as the last Panelist is appointed in
the case of a three member Panel).
Art. 10 General Powers of the Panel
a. The Panel shall conduct the proceeding in such a manner as it
considers appropriate in accordance with the Policy and these
Rules.
b. In all cases, the Panel shall make an effort to ensure that the
Parties are treated with equality and that each party is given a
fair opportunity to present its position.
c. The Panel shall promptly handle the JP Domain Name Dispute
Resolution Proceeding. It may, at the request of a Party or on
its own determination, extend, in exceptional cases with special
situation, a period of time fixed by these Rules or by the Panel.
d. The Panel shall determine the admissibility, relevance and weight
of the evidence.
e. The Panel shall decide a request by a Party to consolidate
multiple domain name disputes in accordance with the Policy and
these Rules.
Art. 11 Language of Proceedings
a. The language of the Proceedings shall be Japanese, subject to the
authority of the Panel to determine otherwise, having regard to
the circumstances of the proceeding.
b. The Panel may order that any documents submitted in any language
other than the language of the proceeding be accompanied by a
translation in whole or in part into the language of the
Proceedings.
Art. 12 Further Statements or Documents
In addition to the Complaint and the Answer, the Panel may request, at
its sole discretion, further statements or documents from either of
the Parties.
Art. 13 Hearings to the Parties
There shall be no hearings to the Parties (including hearings by
teleconference, videoconference, and web conference). Provided
however, the Panel may determine, at its sole discretion and in an
exceptional matter with special situation, to proceed such a hearing
necessary for deciding the complaint.
Art. 14 Default
a. In the event that a Party, excluding exceptional circumstances,
does not comply with any of the time periods established by these
Rules or by the Panel, the Panel shall proceed to a decision on
the complaint.
b. If a Party, excluding exceptional circumstance, does not comply
with any provision of, or requirement under these Rules or any
request from the Panel, the Panel shall render their decision as
it considers appropriate.
Art. 15 Panel Decisions
a. The Panel shall decide a complaint that it deems applicable on
the basis of the statements and documents submitted and the
results of hearings, and in accordance with the Policy, these
Rules and provisions or principles of related law, and reasons.
b. In the absence of exceptional circumstances, the Panel shall
forward its decision on the complaint to the Provider within
fourteen (14) business days of its appointment pursuant to
Art. 6.
c. In the case of a three member Panel, the Panel's decision shall
be made by a majority.
d. The Panel's decision shall be in writing, provide the content of
decision and its reasons on which it is based, indicate the date
on which it was rendered and identify the name(s) of the
Panelist(s) with the signature or setting the names and seals of
the Panelist(s).
e. Panel decisions and dissenting opinions shall normally comply
with the word limits set forth in the Provider's Supplemental
Rules. Any dissenting opinion shall accompany the majority
decision. If the Panel concludes that the dispute is not within
the scope of Art. 4 (a) of the Policy, it shall so state. If the
Panel finds that the submissions of complaint was brought with in
bad faith (unfair purpose), for example, in an attempt to deprive
the Registrant of the domain name or primarily to harass the
Registrant, the Panel shall declare in its decision that the
complaint was brought for in bad faith (unfair purpose) and
constitutes an abuse of the JP Domain Name Dispute Resolution
Proceedings.
Art. 16 Notification of Decision to Parties
a. Within three (3) business days after receiving the decision from
the Panel, the Provider shall notify the full text of the
decision to each Party, JPNIC and JPRS. JPRS shall immediately
communicate to each Party and the Provider the date for the
implementation of the decision (the date between 11th and 15th
day from the communication of the decision (as observed in the
location of the head office of JPRS)) in accordance with the
Policy.
b. JPNIC shall publish the decision and the date of its
implementation on its publicly accessible web site (See Art. 4 (j).
In any event, the portion of any decision determining a complaint
to have been brought for in bad faith (unfair purpose) (see Art.
15 (e) of these Rules) shall be published.
Art. 17 Withdrawal, Settlement or Other Grounds for Termination
a. The Complainant may, before the decision of the Panel is
rendered, withdraw the Complaint, provided that after the
submission of the Response, the consent of the Registrant shall
be obtained.
b. If the Complaint was withdrawn under the previous paragraph, or
the Parties agree on a settlement before the Panel's decision,
the Panel shall terminate the Proceedings.
c. If, before the Panel's decision is made, it becomes unnecessary
or impossible to continue the Proceedings for any reason, the
Panel shall terminate the Proceedings, unless a Party raises
justifiable grounds for objection within a period of time
determined by the Panel.
Art. 18 Effect of Court Proceedings
a. In the event that any legal proceeding is initiated prior to or
during the JP Domain Name Dispute Resolution Proceedings in
respect of a domain name dispute that is the subject of the
complaint, the Panel shall have the discretion to decide whether
to suspend or terminate the JP Domain Name Dispute Resolution
Proceedings, or to proceed to a decision.
b. In the event that a Party initiates any legal proceeding during
the pending of the JP Domain Name Dispute Resolution Proceedings
in respect of a domain name dispute that is the subject of the
complaint, the Party shall promptly notify the Provider, and the
Panel pursuant to the manners prescribed in Art. 8 above.
Art. 19 Fees
a. The Complainant shall pay to the Provider a fee, in accordance
with the Provider's Supplemental Rules, within the time and in
the amount required. A Registrant electing under Art. 5 (b) (iv)
to have the dispute decided by a three member Panel, rather than
the single member Panel elected by the Complainant, shall pay the
Provider one half of the fee for a three member Panel (see Art. 5
(c)). In all other cases besides the above case, the Complainant
shall bear all of the Provider's fees, except as prescribed under
Paragraph (d) of this Article. Upon and after the appointment of
the Panel, the Provider shall request the payment of additional
fees or refund the appropriate portion, if any, of the fee to the
Complainant, as specified in the Provider's Supplemental Rules.
b. No action shall be taken by the Provider on a complaint until it
has received from the Complainant the fee in accordance with the
previous paragraph.
c. If the Provider has not received the fee within ten (10) business
days of receiving the complaint, the complaint shall be deemed
withdrawn and the Proceeding shall be terminated.
d. In exceptional circumstances, for example, in the event that a
hearing is held, the Provider shall request the Parties for the
payment of additional fees, which shall be established in
agreement with the Parties and the Panel.
e. The Complainant, having been rendered the decision of
transferring the registration, shall pay the registration fee and
renewal fee in accordance with the Registration Rules upon
applying the registration of the domain name's transfer and the
renewal of the domain name.
Art. 20 Exclusion of Liability
Except in the case of deliberate wrongdoing, neither the Provider nor
a Panelist shall be liable to a Party for any act or omission in
connection with any administrative proceeding under these Rules.
Art. 21 Amendments
JPNIC reserves the right to amend these Rules at any time. JPNIC and
JPRS shall publish the latest version of these Rules on each website
at least thirty (30) calendar days before the effective date of the
revised Rules. The version of these Rules in effect at the time of the
submission of the complaint to the Provider shall apply to the JP
Domain Name Dispute Proceedings commenced thereby.
