What is a Dispute Resolution Service Provider? – Lawyer in Izmir
“Internet Domain Names Regulation"Dispute Resolution Service Provider" (DRSP), as defined herein, refers to parties that conduct the process of resolving domain name disputes through arbitrators or arbitration panels.
Website domain name disputes will now be resolved by LTDs (Local Government Service Organizations).
Internet Domain Names Regulation, Article 23 –
Disputes related to domain names are alternatively resolved through the dispute resolution mechanism operated by the LTDs (Local Government Service Providers). The procedures and principles regarding the operation of the dispute resolution mechanism are regulated by the Authority.
Dispute Resolution Service Provider
Article 24 –
(1) The Institution determines the minimum qualifications that the UCHS must have, the rules they must comply with and other matters and announces them to the public on its website and, where necessary, through other appropriate means.
(2) Parties wishing to become UCHS apply to the Authority. Activity certificates are issued to parties found by the Authority to enable them to operate as UCHS. (Added sentence: RG-20/4/2021-31460) The Authority may set an upper limit on the number of UCHS that will operate, taking into account market conditions for internet domain names, the number of disputes, etc.
(3) UCHSs must have the administrative and technical competence to successfully manage the dispute resolution process and have a sufficient number of arbitrators on their lists who are experts in potential dispute issues.
Application to the Dispute Resolution Mechanism
To apply to the dispute resolution mechanism;
a) The disputed domain name must be similar to or identical to a trademark, trade name, business name, or other identifying mark owned or used in trade, and
b) The party registering the domain name has no legal right or connection to that domain name, and
c) The domain name must have been registered or used in bad faith by the domain name owner. (Article 25)
referees
Arbitrators included in the UÇHS lists will be required to specialize in intellectual property law, trademark law, commercial law, or information technology law.
Unless otherwise required, written examinations will be conducted before the UCHS; the parties will not be heard in person. (Article 26)
Decision Making
Within the scope of the regulation in question, the arbitrator or panel may decide, taking into account legal legislation and case law, to cancel the domain names, transfer them to the complainant, or reject the request, in accordance with the complainant's request. (Article 27)
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