farhad emam Farhad Emam
Publish Date : 08/18/2015

DOMAIN NAMES

EXECUTIVE SUMMARY

Key terms

Domain name registration, registration fee, IRNIC, registration in bad faith, domain application form.

Summary

This Legal Report starts with a definition of domain name. Then the following three issues are analyzed:

1. Domain name registration - The legal entity that is responsible for domain registration in Iran is called IRNIC. According to the information that is available on the website of irnic.com, the first step in the process of registering a domain name is to fill out an application form. The “Domain Rules” that apply to the registration process are explained in this Legal Report.

2. Domain name registration fee - According to the information available on the website of the IRNIC on August 18, 2015, certain rates are effective as of 22 Jun 2013. They apply to domains registered directly with IRNIC and are subject to change with a one-month notice.

3. Domain name registration dispute settlement – On the website of the IRNIC, applicable disputes are divided into three groups. Further, in the section on “Evidence of Registration and Use in Bad Faith”, four circumstances in which bad faith in the process of registration and use can be discerned are explained

I. Domain name

a) It is a unique name that is used for identifying an internet site.

b) It is comprised of two parts: before the dot and after the dot. The part to the right of the dot is composed of a three-letter element in a Web address or an e-mail address that indicates the type of the organization that owns the domain name. For example, “.com” signifies a commercial organization while “.gov” signifies a governmental organization. The part to the left of the dot is the domain name that needs to be registered before being used as a website or an email address (Website of the ICANN).

c) Some websites do not have their own domain names. In that case, they are represented by a domain name like usersite/hostsite.com (Internet Glossary, Copyright © 2005 Tom Hua & eBookWholesaler.net).

II. Domain name registration

The legal entity that is responsible for domain registration in Iran is called IRNIC. According to the information that is available on the website of irnic.com, the first step in the process of registering a domain name is to fill out an application form. It is explained on the website that the following “Domain Rules” apply to the registration process:

A. Who May Apply?

·         Organizations legally represented within the geographic boundary of Iran.

·         Individuals residing officially in Iran.

·         Organizations connected with the official representations of Iran abroad.

·         Other individuals or organizations whose activity and the use of the domain name are not in conflict with the laws, practices and interests of the Islamic Republic of Iran.”

“B. Application Procedure

By filling out and submitting the Domain Application Form, the applicant acknowledges the acceptance of the Registration Agreement (see paragraph 1.6 of Terms and Conditions) in full. If the rules and conditions described in C through H below are met, then the application is complete and will be processed. Note that for certain registrations (see E, F, G and H below), additional documents may be required. As part of the requirement for filling out the above form, at least one Domain Name Server (DNS) must be set up and its IP number be provided in the form. It is highly recommended that at least one additional DNS be also utilized and its IP number be recorded in the Domain Application Form.”

III. Domain name registration fee

According to the information available on the website of the IRNIC on August 18, 2015, the following rates are effective as of 22 Jun 2013. They apply to domains registered directly with IRNIC and are subject to change with a one-month notice:

A. Second-Level Domains (directly under .ir) Rates

 

One Year

Five Years

Iran Address

160,000 Iranian Rials

480,000 Iranian Rials

Foreign Address

20 Euros

60 Euros

Resellers

2 Units

6 Units

 

B. Third-Level Domains (example.*.ir) Rates

 

One Year

Five Years

Iran Address

120,000 Iranian Rials

360,000 Iranian Rials

Foreign Address

15 Euros

45 Euros

Resellers

1.5 Units

4.5 Units

 

IV. Domain name registration dispute settlement

On its website, IRNIC explains its “Mandatory Administrative Proceeding”:

a. Applicable Disputes. You are required to submit to a mandatory administrative proceeding in the event that a third party (a "complainant") asserts to the applicable Provider, in compliance with the Rules of Procedure, that

1.       your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and

2.       you have no rights or legitimate interests in respect of the domain name; and

3.       your domain name has been registered or is being used in bad faith.

In the administrative proceeding, the complainant must prove that each of these three Elements is present.

b. Evidence of Registration and Use in Bad Faith. For the purposes of Paragraph 4(a)(iii), the following circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith:

1.       circumstances indicating that you have registered or you have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name; or

2.       you have registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that you have engaged in a pattern of such conduct; or

3.       you have registered the domain name primarily for the purpose of disrupting the business of the complainant; or

4.       by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location.

It must also be noted that the above rules cannot be interpreted properly without considering the “WIPO Supplemental Rules for .IR Domain Name Dispute Resolution Policy” as well as the “WIPO Guide to the Uniform Domain Name Dispute Resolution Policy (UDRP)”.


GOOD TO KNOW

To learn more about the issues mentioned in this Legal Report, you may read the following texts. If after reading this Legal Report and the following texts, you still have questions that call for detailed responses, you may send them to us by clicking on “Our Services” button and following the procedure explained there.

RELEVANT LEGAL NEWS:

Law in Iran Legal News: Case Study on ICANN and .IR Domain, Tuesday, August 18, 2015.

RELEVANT BOOKLET:

Law in Iran Booklet No. 3: Domain Names Law of Iran, Tuesday, August 18, 2015.

 

 

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