August 21, 2000
To: Members of the Press
Japan Network Information Center
(JPNIC)
The Arbitration Center for Industrial Property (ACFIP)
becomes the first recognized organization for dispute
resolution
Receipt of petitions will begin on October 19th, the date of
enforcement of the "JP Domain Name Dispute Resolution Policy
(JP-DRP)".
Rapid, easy and low cost settlement of disputes concerning JP
domain names
The Japan Network Information Center (Tokyo; President, Jun Murai;
03-5297-2311; referred to below as "JPNIC"), the Japan Bar Association
(Nichibenren), and the Lawyer's Association, which will cooperatively
operate the Arbitration Center for Industrial Property (ACFIP) (Tokyo;
Center Director, Masaji Tanaka; 03-3500-3793; referred to below as the
"Arbitration Center" have entered into an agreement in conjunction with the
resolution of disputes regarding JP domain names that will commence on
October 19th of this year. As a result of this, the Arbitration Center will
become the first recognized organization for the resolution of JP domain
name disputes.
JPNIC decided upon the "JP Domain Name Dispute Resolution Policy
(JP-DRP)" and the "Rules for Procedures" and made them public in July.
The policy established this time aims to resolve disputes by quickly
cancelling or transferring domain names obviously registered or used
in bad faith when complaints are made by rightful trademark
owners. (Examples of domain name registration and use in bad faith
include: acquiring a domain name reflecting a trademark for the
purpose of reselling it to the trademark owner at a high price;
establishing a Web site using a domain name identical or similar to a
trademark owned by another party for the purpose of creating
misunderstanding and confusion among Internet users)
The procedure fore dispute resolution shall be based upon the
complaints to recognized dispute resolution organizations such as the
Arbitration Center, and shall be conducted by Administrative panel
consisting of one to three panelists. This will feature following:
- faster settlement than would be possible in a court of law.
(A decision would be reached within 55 days. Please refer the flow
chart accompanying the "JP Domain Name Dispute Procedures").
- lower cost compared to a civil court (the Arbitration Center fees
have been set at 180,000 yen in the case of a panel with a single
member and at 360,000 yen in the case of a three member panel)
- the party concerned not having to appear at the dispute resolution
organization and the procedures are conducted based on the documents
submitted
- the party can apeal to a civil court if they do not satisfy the
results
(in the case where there is singular arbitration of the dispute
resolution out of court, the case may not be taken to court even in
cases of dissatisfaction)
* Related URLs:
- JP Domain Name Dispute Resolution Policy (JP-DRP) (Japanese Only)
http://www.nic.ad.jp/jp/regist/dom/doc/forthcoming/jp-drp-policy.html
- Rules for procedures regarding the JP Domain Name Dispute Resolution
Policy (JP-DRP)(Japanese Only)
http://www.nic.ad.jp/jp/regist/dom/doc/forthcoming/jp-drp-rule.html
- Arbitration Center for Industrial Property (ACFIP)(Japanese Only)
http://www.jpaa.or.jp/i-center/index.html
* Regarding the Japan Network Information Center
JPNIC is the organization in Japan solely responsible for the
management and operation of international network resources such as
domain names and IP addresses. (JPNIC is the ccTLD registry
responsible for .jp domain names.) In addition, JPNIC conducts various
research programs and studies as well as educational and promotional
activities. JPNIC also coordinates international activities in
response to the global expansion of computer networks. In 1997, after
having spent four years performing various activities as an
unregistered organization supporting the rapid expansion of the
Internet, JPNIC was given permission to register as a government
authorized non-profit organization by the Science and Technology
Agency, the Ministry of Education, Science, Sports and Culture, the
Ministry of International Trade and Industry, and the Ministry of
Posts and Telecommunications. (N.B. ccTLD stands for "Country Code Top
Level Domain".)
Contact:
Japan Network Information Center
101-0052
Fu-undo Bldg. 1 Fl., 1-2 Kanda-Ogawamachi , Chiyoda-ku, Tokyo
Tel: +81-3-5297-2311
Fax: +81-3-5297-2314
E-mail: press-dom@nic.ad.jp
Web site: http://www.nic.ad.jp/
-----------------------------------------------------------------------
[Reference Materials]
Flow of the "JP Domain Name Dispute Procedures"
A simplified table illustrating the flow of the "JP Domain Name Dispute
Procedures" (in the case of a single panelist) is shown below.
The number of days stated below is the number of business days set by the
dispute resolution organization. In addition, the "Elapsed Days" stated on
the left side represent the maximum time in cumulated days allowed for the
procedure.
Elapsed
Days
+--------------------------------------------------------+
0 days | 1. Submission of statement of complaints |
| (Complaining Party -> Dispute Resolution Organization)|
+--------------------------------------------------------+
|
V
+------------------------------------+
1 days | 2. Receipt of the statement |
| (Dispute Resolution Organization) |
+------------------------------------+
|
V
+----------------------------------------------------------------+
| 3. Inquiry to JPNIC for the domain name in question |
| (Dispute Resolution Organization -> JPNIC) |
+----------------------------------------------------------------+
|
V
+------------------------------------------+
| 4. Examination of the statement format |
| (Dispute Resolution Organization) |
+------------------------------------------+
| * If there are some problems with statement,
| it is informed to complaining party.
| * The complaining party must make revisions to
| correct the problems within 5 days.
V
+---------------------------------------------------------+
10 days | 5. Payment of fees |
| (Complaining Party -> Dispute Resolution Organization) |
+---------------------------------------------------------+
| * Payment must be done within 10 days from the
| day of the receipt of the statement.
V
+--------------------------------------------------------------+
13 days | 6. Receipt of the statement (Complaining party) |
| |
| (Forword of the statements |
+--------------------------------------------------------------+
| * It is to be sent within 3 days from the day
| of the receipt of the fee.
| * The mailing date shall be the "Date of the
| start of procedures"
V
+--------------------------------------------------------------+
| 7. Notification of the domain name in question and the date |
| of the start of procedures |
| (Dispute Resolution Organization -> both parties concerned |
| and JPNIC) |
+--------------------------------------------------------------+
|
V
+---------------------------------------------------------+
33 days | 8. Submission of defense statement |
| (Registering Party -> Dispute Resolution Organization) |
+---------------------------------------------------------+
| * The statement must be submitted within 20 days
| of the date of the start of procedures.
V
+-----------------------------------------------------------+
| 9. Receipt of the defense statement |
| (The defense statement is sent to the complaining party) |
+-----------------------------------------------------------+
|
V
+-------------------------------------+
38 days | 10. Designation of Panelists |
| (Dispute Resolution Organization) |
+-------------------------------------+
| * Panelists must be designated within 5 days
| of the receipt of the defense statement.
|
|
V
+---------------------+
| 11. Trial by panel |
+---------------------+
|
V
+--------------------------------------------------------+
| 12. Notification of the decision to the Dispute |
| Resolution Organization |
| (Panel -> Dispute Resolution Organization) |
+--------------------------------------------------------+
| * The decision must be notified within 14 days
| of the date of the designation of the panel.
|
V
+------------------------------------------------------------+
55 days | 13. Notification and public announcement of the decision |
| (Dispute Resolution Organization -> both parties |
| concerned,JPNIC) |
+------------------------------------------------------------+
| * The decision shall be notified within 3 days
| of the date of the receipt of the decision.
|
V
|
?@ (In case of cancellation or transfer of the domain name abiding by
the ruling)
|
V
+----------------------------------+
| 14. Implementation of the ruling |
| (JPNIC) |
+----------------------------------+
* Implementation is put on hold for 10 days
from the day of the notification of the ruling.
* The ruling shall be implemented unless the
registering party consents or appeals to the
court during this 10 days period.
Working for the better Internet Infrastructure.
