NIC Argentina has recently established guiding criteria for the analysis and resolution of domain disputes, offering valuable insight for both domain holders and professionals in the field.
Through Disposition 187/2023 from the National Directorate of Internet Domain Registration (NIC Argentina), published in April 2023, the guidelines and criteria governing domain dispute resolution have been officially documented.
Domain disputes arise when an individual seeks to claim ownership of an internet domain registered by another party. Domains undergo a simple and swift registration process, often without prior investigation into existing domain names or registered trademarks. Consequently, infringement upon third-party rights may only become apparent post-registration.
To address such cases, NIC Argentina employs a domain dispute resolution system, allowing third parties to contest domain ownership if they believe they possess a legitimate interest or superior right. This system facilitates the potential transfer of domain ownership from the registrant to the complainant, regardless of whether the domain is actively used or has been registered for months or years.
While the domain system grants immediate subjective rights to registrants, challenging such rights necessitates the initiation of administrative reclamation proceedings.
Previously, NIC Argentina’s regulations stipulated that domain registration must adhere to three main principles: good faith, legality, and non-infringement upon third-party rights. However, these principles were worded in the negative, assuming that domain registration is not conducted in bad faith, for illegal purposes, or to the detriment of other users or third parties.
In practice, this resolution formalizes the criteria that have already been applied, benefiting both first-time domain dispute participants and seasoned professionals.
The outlined criteria serve as a guide rather than rigid rules, allowing disputants to present arguments they believe support their case. Specifically, domains may be revoked if they:
Cause confusion, deception, or identity theft concerning well-known or recognized trademarks, copyrights, trade designations, social denominations, notable individuals, governmental bodies, or nationally and internationally recognized organizations.
Have purposes contrary to good faith, including speculation, blocking, accumulation without demonstrable legitimate interest, lack of activity, client diversion, confusion, offense, or failure to delegate DNS within a reasonable timeframe.
Publishing NIC’s applied criteria for disputes is a significant step towards enhancing access to justice in the intellectual property domain. It is hoped that this move will pave the way for future improvements, including expedited resolution processes.