This is a Russian translation of the document provided by ICANN.
The original in English is here: https://www.icann.org/resources/pages/policy-2012-02-25-en
Date of Adoption: August 26, 1999.
Documents on the implementation of the principles approved: October 24, 1999.
This document has been translated into several languages for informational purposes only. The original and authentic text of the document (in English) can be found at : http://www.icann.org/en/dndr/udrp/policy.htm
Notes.
1. This strategy is still valid today. See page www.icann.org/udrp/udrp-schedule.htmfor a list of amendments.
2. This strategy is applied by all ICANN-accredited registrars. It is also used by some top-level country domain managers (such as .nu, .tv, .ws).
3. This strategy governs the relationship between the registrar (or other responsible party in the case of a top-level domain) and the consumer (domain name owner or registrar). In this strategy, “we” and “our” refer to the registrar and “you” and “your” refer to the domain name owner.
Principles of Uniform Domain Name Dispute Resolution
(Adopted by ICANN on October 24, 1999)
1. Objectives. The Internet Corporation for Assigned Names and Numbers (“ICANN”) Dispute Resolution Principles for Uniform Domain Names (“Principles”) are included in the registration agreement and set forth the terms and conditions relating to disputes between you and any third party other than us (the registrar) regarding your registration and use of an Internet domain name registered in your name. The procedures described in Paragraph 4 of the Policy will be conducted under the Single Domain Name Dispute Resolution Strategy (the Procedure Rules), which can be found at https://www.icann.org/resources/pages/udrp-rules-2015-03-12-ru, and under additional administrative dispute resolution provider rules.
2. Your application. By applying for a domain name registration or by contacting us to support or update your domain name registration, you warrant that (a) the information provided in your registration agreement is complete and accurate and (b) you have no knowledge that the registration of this domain name violates or otherwise infringes on the rights of third parties; (c) you are not pursuing any illegal purpose in registering a domain name; (d) you will not use the domain name to violate any applicable law or regulation. The decision whether or not to register a domain name is a violation or infringement of anyone’s rights is up to you and at your own responsibility.
Cancellation, transfer and amendment. We will cancel, transfer the registration to another person and make any other changes under the following conditions:
a. in accordance with the provisions of Paragraph 8, upon receipt of a written or properly worded electronic statement from you or your designee instructing you to take such action;
b. upon receipt of an order from a court or arbitral tribunal, and/or upon any request for such action by the competent authorities;
c. when you receive a decision of the Administrative Committee to apply such action to any administrative proceeding involving you conducted under this Strategy or later versions adopted by ICANN. (See Paragraph 4(i) and (k) below.)
We may also cancel, transfer or otherwise amend the domain name registration in accordance with the terms of your registration agreement or other legal requirements.
Mandatory administrative procedures.
This paragraph describes four types of disputes, each of which requires specific administrative procedures. These procedures will be conducted by one of the administrative dispute resolution providers listed at http://www.icann.org/en/dndr/udrp/approved-providers.htm (“Providers”).
a. Relevant Disputes. You must go through the administrative procedures for the issue with which the third party (“plaintiff”) has contacted the relevant provider, in addition to the Rules of Procedure, which will find that:
(i) your domain name is identical or similar to a trademark or service name owned by the plaintiff; and
(ii) you have no rights or legitimate interests in the domain name; and
(iii) your domain name has been registered and used in bad faith.
In an administrative proceeding, it is the plaintiff’s responsibility to prove your guilt under each of these provisions.
b. Evidence of unfair registration and use. Under Paragraph 4(a)(iii), one or more of the following circumstances, if discovered by the Commission, may constitute evidence of bad faith registration and use of the domain name:
(i) circumstances indicating that you acquired the domain name for the purpose of selling, leasing or otherwise transferring its registration to the claimant who owns the trademark or service name in question, or to a competitor of the claimant, for a sum of money in excess of your proven costs directly attributable to the domain name; or
(ii) you have registered the domain name for the purpose of preventing the trademark or service name owner from using the relevant domain name, provided that you have previously engaged in such activities; or
(iii) you have registered the domain name primarily to interfere with a competitor’s activities; or
(iv) by using the domain name, you knowingly attracted Internet users to your website or other Internet resource for a commercial purpose by creating a likeness to the trademark of the plaintiff, who is alleged to be the founder, sponsor, partner or supporter of your website or other resource, or the product or service provided on your website or other resource.
c. How to assert your legitimate interests and rights to register a domain name in response to a lawsuit. In the case of a lawsuit, you should refer to Paragraph 5 of the Rules of Procedure for the correct answer. If the Board proves one or more of the following circumstances in a proceeding, it will be grounds for asserting your rights or legitimate interests in the domain name under Paragraph 4(a)(ii):
(i) prior to receipt of the notice of action, you were using or preparing to use a domain name or a name matching the domain name in the action in order to provide goods and services in good faith; or
(ii) you (as an individual, business or other entity) have been widely known by the domain name in question, even if you have not acquired the rights to use that trademark or service mark; or
(iii) by using the domain name, you are engaging in legitimate non-commercial or bona fide activity with no intention to mislead consumers or harm the reputation of the plaintiff’s trademark or service brand.
d. Choice of provider. The complainant must choose a provider from an ICANN-approved list of providers and send the complaint to that provider. The selected provider will conduct all procedures except for a general hearing as described in Paragraph 4(f).
e. How to start the procedures and process and convene an administrative committee. The rules of procedure describe the process for initiating and conducting a procedure and appointing a panel to resolve a dispute (“Administrative Panel”).
f. Joint Hearing. In cases where there is more than one dispute between you and the claimant, you or the claimant may request a general hearing by a single administrative panel. Such a request must be sent to the administrative commission convened to consider the dispute between the parties. The Administrative Committee, in its discretion, may hold a consolidated hearing on all or more disputes, provided that the consolidated disputes are within the scope of this policy or subsequent versions adopted by ICANN.
g. Fee. The fee charged by the provider for the Administrative Law Panel under this policy is the responsibility of the complainant, unless the panel is expanded at your request by one, two or three assessors, as described in Paragraph 5(b)(iv) of the Rules of Procedure, in which the fee is split evenly between you and the complainant.
h. Our participation in administrative procedures. We do not and will not participate in the administration or conduct of any procedures before they have been reviewed by the administrative committee. In addition, we will not be responsible for the decisions of the administrative commission.
i. Reimbursements. The redress that a plaintiff may receive under any administrative commission proceedings should be limited to the cancellation of your domain name or the transfer of its registration to the plaintiff.
j. Notices and publications. It is the provider’s responsibility to notify us of any decision made by the administrative board in connection with a domain name you have registered with us. All decisions made as part of this strategy will be published online in their entirety, unless the administrative committee exceptionally decides to make partial amendments.
k. The possibility of court procedures. The list of requirements for compulsory administrative procedures set forth in Paragraph 4 does not preclude you or the complainant from referring a dispute to a court or other competent authority before or after these compulsory administrative procedures are initiated. If the Administrative Committee decides to cancel the registration or transfer of your domain name, we will enforce the decision in ten (10) business days (according to our head office calendar) after we receive notice from the ISP of the Administrative Committee’s decision. The judgment will be enforced unless we receive from you within ten (10) business days an official document (such as a copy of the complaint stamped by the bailiff) indicating that proceedings against the plaintiff have begun in the judicial district to which the plaintiff belongs, as set forth in Paragraph 3(b)(xiii) of the Rules of Procedure. (This court district is usually the county where our main office is located, or the county where your address is listed in the Who’s Who database. See Paragraphs 1 and 3(b)(xiii)for details. of procedures.) Upon receipt of such a document within ten (10) business days, we will defer implementation of the administrative board’s decision and take no further action until we receive (i) satisfactory evidence of resolution of the dispute between you and the complainant; (ii) satisfactory evidence of dismissal or withdrawal of your lawsuit; or (iii) a copy of the court decision dismissing your action or indicating that you are not entitled to further use of your domain name.
5. Other disputes and litigation. Other disputes and litigation between you and any third party regarding your domain name registration, which are not covered by the mandatory administrative procedures set forth in Paragraph 4, shall be resolved by you and the designated third party through judicial or other proceedings.
6. Our participation in disputes. We will not participate in any dispute between you and a third party about registration and use of your domain name. You may not refer to us as one of the parties or otherwise include us in the procedures. If we are named as a party in any of the proceedings, we reserve the right to take all defenses and provide all evidence we deem necessary.
7. Maintaining the status quo. As part of this strategy, we will not cancel, transfer, activate, deactivate or otherwise change the registration status of a particular domain name, except as described in Paragraph 3 above.
8. Transmissions in the course of the dispute.
a. Transferring a domain name to a new owner.You may not transfer a domain name registration to another owner (i) during an administrative procedure initiated under Paragraph 4 or within fifteen (15) business days (on the calendar, at our main office) of the proceeding; or (ii) during a court proceeding or proceeding involving your domain name, unless the party accepting the domain name agrees in writing to comply with the court or arbitration decision. We reserve the right to cancel any transfer of a domain name registration to another holder in case of violation of this clause.
b. Change Registrar. You may not transfer a domain name registration to another registrar during an administrative procedure initiated under Paragraph 4 or within fifteen (15) business days (according to the calendar, at our main office) of the procedure. You have the right to transfer the administration of your domain name registration to another registrar during court proceedings or litigation, provided that the dispute over the domain name registered with us is handled in accordance with the procedures set forth in this policy. If a domain name registration is transferred to us during a legal procedure or proceeding, the dispute must be handled in accordance with the domain name dispute resolution strategy adopted by the registrar that transferred the domain name to us.
9. Amendments to the strategy. We reserve the right to amend the strategy at any time with permission from ICANN. The updated strategy will be published for at least thirty (30) calendar days before it takes effect. Unless the strategy is already applied after a complaint has been filed with the provider (in this case, the version of the strategy in effect at the time the complaint was filed will apply until the dispute is resolved), compliance with all amendments made is mandatory in any domain name registration dispute, regardless of whether the dispute began before or after the amendments were made. If you refuse to comply with the changes made in the strategy, you are obliged to cancel the registration of the domain name with us without refunding the payments made to you. Until the domain name registration is cancelled, the updated strategy will be in effect for you.
