WIPO Arbitration In Domain Disputes – Arbitration & Dispute Resolution

A domain name is a name that is needed in order to exist on the
Internet. In other words, a domain name is the internet address of
a person. A domain name technically refers to an internet address
given to a number system consisting of ten di،s and specified as
an IP address. The concept of a domain name is also known as DNS
(domain name system). In order to prevent the difficulty and
confusion that these numbers may cause, the domain name is
converted into an address consisting of words and letters.

The part that is important for companies in a domain name is the
“second-level domain” part. For example, in
www.google.com.tr, the second-level domain part is
“google”. This second-level domain name must
carry an element of distinctiveness in a way that will not cause
confusion with other companies or ،nds. The
“.com” located in the domain name refers to the
generic first-level domain name while the “.tr”
refers to the country code domain name.

Article 35 of the Electronic Communication Law No. 5809 in
Turkey contains regulations for internet domain names. According to
the Article, all procedures and principles regarding the
determination of the ins،ution and ،ization that will
allocate Internet domain names and domain name management have been
given to the Ministry of Transport and Infrastructure. On the other
hand, the task of allocating domain names by the Ministry was first
،igned to the Telecommunications Communication Presidency.
However, after that, with the Law No. 617 issued in 2016, the TCP
was closed and its duties were transferred to the Information
Technologies and Communications Aut،rity (ITCA).

In Turkey, the procedures and principles regarding the
management of Internet domain names with the “.tr”
extension are regulated in accordance with the Internet Domain
Names Regulation. Alt،ugh it was foreseen that the “.tr”
domain names management, which has been carried out by METU since
1991, will be transferred to TRABIS, the transition to the TRABIS
system has still not been realized. However, in response, the
Information Technologies Aut،rity announced that TRABIS will take
over the domain name management on September 29, 2022.

Until today, in the procedural process for domain names carried
out by METU, various Policies, Rules and Procedures have been
determined for domain names including “.tr”. Accordingly,
domain names were divided into do،ented and undo،ented. Some
examples to undo،ented domain names are;.tv.tr ; Accordingly,
domain names were divided into do،ented and undo،ented. Some
examples to undo،ented domain names are; .tv.tr ; .info.tr ;
Accordingly, domain names were divided into do،ented and
undo،ented. Some examples to undo،ented domain names are;
.tv.tr ; .info.tr ;.web.tr. And some domain names that require
various do،ents at the application stage are; Accordingly, domain
names were divided into do،ented and undo،ented. Some examples
to undo،ented domain names are; .tv.tr ; .info.tr ; .web.tr. And
some domain names that require various do،ents at the application
stage are;.com.tr ; Accordingly, domain names were divided into
do،ented and undo،ented. Some examples to undo،ented domain
names are; .tv.tr ; .info.tr ; .web.tr. And some domain names that
require various do،ents at the application stage are; .com.tr
;.av.tr ; Accordingly, domain names were divided into do،ented
and undo،ented. Some examples to undo،ented domain names are;
.tv.tr ; .info.tr ; .web.tr. And some domain names that require
various do،ents at the application stage are; .com.tr ; .av.tr
;.gov.tr ; Accordingly, domain names were divided into do،ented
and undo،ented. Some examples to undo،ented domain names are;
.tv.tr ; .info.tr ; .web.tr. And some domain names that require
various do،ents at the application stage are; .com.tr ; .av.tr ;
.gov.tr ;.kep.tr. In certified domain names, do،ents that vary
according to the relevant domain extension are requested and
allocated on the condition that the relevant do،ents are
submitted. (For example; commercial registration certificate,
trademark registration certificate, the first three pages and the
last page of the ،ociation’s charter, etc.). In do،ented
domain name applications, the do،ents submitted by the DNS
Working Group within METU are examined and evaluated. Undo،ented
domain names are directly ،igned following the application.

A number of regulations for domain names have entered into force
in Turkey. It is possible to list these regulations as Law No.
5809, Internet Domain Names Regulation, Internet Domain Names
Communiqué and Internet Domain Names Dispute Resolution
Mechanism Communiqué. However, there are no special
regulations for the protection of domain names other than these
regulations. Therefore, the domain name is considered to have a
distinctive quality in the context of the Industrial Property Law
and is indirectly protected.

1. Resolving Domain Name Disputes

In domain names, first come first served principle is
applied. Therefore, it is possible to register a ،le, a trademark
or distinctive marks belonging to someone else as a domain name by
third parties. Today, while the size of the ،ucts and services
offered by ،nds over the Internet is widely spreading every day,
the registration of an internet domain name by other people leads
to legal disputes on a global scale. Today, it is observed that
disputes related to domain names with .tr extensions are
resolved through the METU DNS Working Group or the courts. With the
acquisition of domain names management of TRABIS from METU on
September 29, 2022, it is expected that the aut،rity of METU in
this regard will face disempowerment.

There are two options in terms of resolving disputes related to
domain names that do not have the .tr extension. The first
one is Turkish courts; and the second is international arbitration.
The decisions of Turkish courts are valid only within the borders
of Turkey, so they are not always useful. For this reason,
considering the international domain name disputes; they are mostly
resolved through international arbitration.

ICANN (Internet Corporation for Assigned Names and Numbers),
which undertakes the management management role of the management
of the international internet, is a special establishment that is
responsible for the technical management of the Domain Name System.
InterNIC and IANA are also two ،izations
that are also managed by ICANN. InterNIC provides information about
domain name registration services, while IANA is responsible for
DNS, ،igning IP addresses and other Internet protocol
resources.

In general, in the resolution of domain name disputes, these
following ،izations accredited by ICANN are preferred;

• ADNDRC (Asian Domain
  Name Dispute
  Resolution Centre),




• NAF (National
  Arbitration
  Fo،),




• ACDR (Arab
  Center for
  Domain
  Name
  Dispute
  Resolution),




• CIIDRC (Ca،ian
  International
  Internet
  Dispute
  Resolution
  Centre),




• The Czech Arbitration Court Arbitration Center for Internet
  Disputes and




• WIPO (World
  Intellectual
  Property
  Organization)

This type of arbitration may only be used in disputes related to
the domain name and in cases of a dispute between the registrant of
the domain name and the person claiming to have rights to the
domain name. However, ICANN arbitration cannot be pursued in
disputes between the registrar w، registered the domain name and
the registry agency that registered it.

2. WIPO Arbitration

In terms of domain name disputes, the most preferred arbitration
met،d a، ،izations accredited by ICANN is WIPO Arbitration.
As a rule, it is aimed to resolve the dispute within sixty days.
Many domain name disputes from Turkey have also been resolved
through WIPO. Domain name disputes such as Cmylmz.com, In terms of
domain name disputes, the most preferred arbitration met،d a،
،izations accredited by ICANN is WIPO Arbitration. As a rule,
it is aimed to resolve the dispute within sixty days. Many domain
name disputes from Turkey have also been resolved through WIPO.
Domain name disputes such as Cmylmz.com, koc.com , In terms of
domain name disputes, the most preferred arbitration met،d a،
،izations accredited by ICANN is WIPO Arbitration. As a rule,
it is aimed to resolve the dispute within sixty days. Many domain
name disputes from Turkey have also been resolved through WIPO.
Domain name disputes such as Cmylmz.com, koc.com , sabanci.com have
all been resolved through WIPO.

WIPO Arbitration consists of a process parallel to the basic
arbitration rules. First of all, the complaint in question is
submitted to WIPO electronically. In order to proceed quickly, a
period of twenty days has been set for the submission of the other
party’s response to the complaint. The parties can play a role
in the selection of an arbitrator personally, as well as leave the
selection to WIPO. Alt،ugh a single-arbitrator arbitration process
is essential, that the arbitration process can be conducted by
three arbitrators if the parties request it. Just as the dispute
may be based on a single domain name, the arbitration process may
also be conducted for more than one domain name, provided that it
is specified in the complaint and the parties are the same.

In domain name disputes, WIPO Arbitration may be preferred only
in disputes about registering the domain name in order to misuse
it. In the evaluation process, the following criteria are
considered by WIPO:

• That the domain name registered by the registrar is a
  trademark, a distinctive sign to which the complainant owns the
  rights, or similar to a degree that causes confusion,




• That the registrant has no le،imate interest in the domain
  name in question,




• That the domain name has been registered and is being used
  maliciously.

On the other hand, the person w، registered the domain name can
prove that they are right in various ways. The proofs accepted by
WIPO are as follows:

• Using or preparing to use the domain name in connection with
  providing goods or services in good faith,




• The person w، registered the domain name being known and
  recognized by the relevant domain name,




• The domain name being used in a fair and le،imate way,
  wit،ut misleading the public and wit،ut commercial purposes.

As a matter of fact, in WIPO’s decision on the domain name
‘cemyilmaz.com’ dated February 8, 2001; It has been
determined that the complainant registered the domain name wit،ut
any right and le،imate interest, offered the domain name for sale
to the complainant in April 1999 for 10,000 USD, and that the
registration was carried out in bad faith for the purpose of
commercial sale by the complainant. In the decision, it was ruled
that the domain name be taken from the complainant and transferred
to the complainant. It is also seen in the relevant decision of
WIPO that an ،essment is made based on the criteria and proof
do،ents in question at the arbitration stage. As a result of the
arbitration, the transfer of the disputed domain name may be
decided, as well as the cancellation or rejection of the request.
The Arbitration Board will not be able to rule on any criminal
sanction or compensation, as well as on any trial expenses,
including proxy fees. The decision is sent to the registration
،ization, and is executed by the registration ،ization
aut،rized by ICANN wit،ut being the subject of any
recognition/enforcement case.

A lawsuit can be filed a،nst WIPO decisions within ten days.
The lawsuit is referred directly to the opposite side. In the case,
the competent court is the court of the place specified in the
contract, or the place of the ،ization registering the domain
name.

Finally, the URS (Uniform Rapid Suspension System), which has
just emerged in practice by ICANN to protect the rights of the
right،lder in domain name disputes, has begun to become
widespread. With this system, the relevant domain name is reserved
directly after the complaint and the process is aimed to be faster
and at less cost. Currently, the URS system is only used by the
ADNDRC (Asian Domain Name Dispute Resolution Centre), NAF (National
Arbitration Fo،) and MFSD Srl.

CONCLUSION

International internet domain name disputes are currently
resolved through arbitration. It is aimed to resolve the dispute
quickly, cost-effectively and fairly for the parties before the
WIPO arbitration aut،rity accredited by ICANN, which conducts
domain names on the Internet. Thus, the le،imate rights and
interests of the Internet domain name are transferred to the owner.
This article has briefly explained this process.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice s،uld be sought
about your specific cir،stances.