Presentation on theme: "LDRP.CL experience Margarita Valdés Cortés Legal and Business Manager NIC Chile Universidad de Chile Luxembourg, 2005."— Presentation transcript:
LDRP.CL experience Margarita Valdés Cortés Legal and Business Manager NIC Chile Universidad de Chile Luxembourg, 2005.
Some history:.CL delegated to the Department of Computer Science of the University of Chile in 1987 Operated without formal registration agreement and without fees for 10 years About 1,000 registered domain names in 1997 Formalization in September 1997
Formalization means: Proper identification of registrants Registration fees Re-registration of all pre-existing domain names Dispute resolution policy based on arbitration (two years before the UDRP) DRP later extended to include mediation before arbitration
LDRP in.CL.CL is by far the most popular TLD in Chile Over 120 thousand names registered under.CL Less than 10 thousand.com,.net, etc. names from Chile http://www.webhosting.info/registries/c ountry_stats/CLhttp://www.webhosting.info/registries/c ountry_stats/CL About 3,500 disputes resolved since 1999
LDRP in.CL How it operates: 2 different ways to dispute a domain name: 1.-Domain name applications are displayed for 30 days during which third parties have time to make place their own request for the domain name. 2.- After a domain name has been registered, a third party can ask for its revokation.
LDRP in.CL Arguments to dispute: During the initial “publication period” the parties have to show they have a “better rigth” or “legitimate interest” in the name. After the “publication period”, the complainant has to have trade marks rigths for the name, or be known by that name, and has to show “bad faith” in the registration and use.
LDRP in.CL : 2 Phases Mediation: Free of charge. Provided by NIC Chile mediators. 80% effective in avoiding arbitration procedures. Voluntary opportunity to resolve the conflict.
LDRP in.CL Arbitration After the mediation phase Operates by default if the mediation is not successful The costs of the arbitration are paid by the complainant
LDRP in.CL The dispute system allows in this phase to choose an arbitrator by the parties: The parties may select an arbitrator, by mutual agreement, or An arbitrator is selected at random from a list. The arbitrators in the list were selected by a open competition
LDRP in.CL Arbitration procedure: Fast (by Chilean judicial standards) Less expensive than going to the courts The arbitrators are especialized
LDRP in CL The procedure is agreed by the arbitrator and the parties. The arbitrator rule by their experience, doctrine, jurisprudence.
LDRP in.CL Outcome of conflicts: registrant vs. complainant