Present and Future of the .eu ADR Process

Presented by: Zbynek Loebl and Daniela Cizkova (CEAG)

Agenda

       Status of the .eu ADR Categorization of first ADR Decisions Development of the on-line platform Changes in ADR Fees Implementation of electronic signatures Public consultation Q&A

Status of the .eu ADR – CAC perspective

      First ADR Complaint filed on 3 February 2006 As of 17 July 2006, 406 Complaints were filed; Majority of Complaints (316) filed against EURid; Majority of Complaints filed in English, number of non-English Complaints is growing (Czech, Danish, Dutch, Estonian, French, German, Greek, Hungarian, Italian, Latvian, Polish, Slovak, Spanish, Swedish); As of 17 July 2006, 62 Decisions were issued and published; Official Web site of CAC changing: https://www.adr.eu

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.eu ADR Panelists

 As of 17 July 2006, 134 names were entered in the List of Panelists  Language skills of Panelists cover essentially all official EU languages

.eu ADR Panelists 18 7 7 12 14 17 19 21 33 52 134

Requirements for .eu ADR Panelists

      Educational and Professional qualifications; Language skills; Area of Specialization; Experience; Membership in professional bodies Publications

Application to become a Panelist

 CAC is still open for new applications  Next round of selection will be held in September 2006 

[email protected]

Categorization of the first ADR Decisions

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Special characters ( § 11(2)) of the PPR:

 Different characters treated differently (“&” v. “*” and “.” ;  Relationship between the disputed domain name and underlying prior right (the existence of Prior Rights which correspond to the domain name is a basic principle of the Sunrise)  ADR Decisions:      barcelona.eu (ADR 398): BARC & ELONA; frankfurt.eu (ADR 394): FRANKF & URT; live.eu (ADR 265): LI &VE; 123.eu (ADR 188): 1.2.3; urlaub.eu (ADR 532): u*r*l*a*u*b

Categorization of the first ADR Decisions

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Figurative or composite signs (S. 19 of the Sunrise Rules, § 10(2) of the PPR):

 The word element must be predominant: Eurostar (ADR 12) and Bingo (ADR 210) v. 123 (ADR 188);   All alphanumeric characters must be contained in the domain name: O2 (ADR 470); Registration of the complete name for which the Prior Rights exist: casino, auto, keno, porn, porno, bank (ADR 271).

Categorization of the first ADR Decisions

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Formal v. Substantive Review of Sunrise applications

  Where possible, in their review of compliance of Sunrise applications Panelists have preferred substance over form: Schoeller (ADR 253), Oscar (ADR 181); But:  Late submission of documentary evidence confirmed as noncompliance: ISL (ADR 219), NAGEL (ADR 119);  If more explanations possible (

e.g.,

when multiple companies from the same group are involved), a strict interpretation of the Sunrise Rules has applied: NAGEL (ADR 219); KANE (ADR 370)

Categorization of the first ADR Decisions

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Alleged Noncompliance of Documentary Evidence

    Sole statement of the Complainant regarding its TM ownership not sufficient: BPW (ADR 127); Proof of TM transfer sufficient, not necessary also to prove that the TM did not expire: Pompadour (ADR 340); Just proof of TM application not sufficient: Odyssey (ADR 404); TM valid at the date of application, but not at the date of registration, is sufficient: Lumena (ADR 317)

Categorization of the first ADR Decisions

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Bad faith assessment in Sunrise-related ADRs ( § 3(c), 14, 20 of the PPR)

   The Registry does not need to examine bad faith in Sunrise applications, unless a procedure under §20 of the PPR is invoked; The Registry should have a set of consistent procedural rules to deal with § 20 requests; Eurostar (ADR 12), LOTTO (ADR 685); AUTOTRADER (ADR 191)

Categorization of the first ADR Decisions

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Names of Public Bodies ( § 10 (3) of the PPR)

 Shortened, commonly-used names are not allowed: Marstall (ADR 168), Stockholm (386)  Acronyms of a division of a public body are allowed: BOC (ADR 139)

Categorization of the first ADR Decisions

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First to apply vs. better prior right

 First to file principle applies in .eu Sunrise;  Vitana (ADR 143), PST (ADR 35)

Categorization of the first ADR Decisions

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Other

 Evident mistake of the validation agent: Merak (ADR 207), Engels (ADR 130);  Advanced invalid reservation of a domain name with the registrar: 4M (ADR 393)

Categorization of the first ADR Decisions

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Administrative challenge: domaine.eu (ADR 174) Language trial: north-cyprus-tourism.eu (ADR 1264B)

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Cases against DN holders: WIPO categorization?

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LASTMINUTE (ADR 283) RABBIN (ADR 1375)

Development of the on-line platform

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The Czech Arbitration Court is working on the following improvements of the on-line platform:

  Master accounts for parties involved in multiple ADRs; Categorization of decisions, selection function;      Resolution of occasional time-outs; Deadlines for procedural steps clearly visible in a case file; E-mail notifications for case developments more informative; Further development of FAQs and explanations within the on-line platform; Regular reviews of ADR Decisions (quarterly);  Regular webinars

Changes in ADR Fees

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The Czech Arbitration Court will propose to the Commission the following changes in ADR Fees:

 Discounts of 10%-20% for multiple, administratively-compliant Complaints filed through service providers:   Initial discount 5%, quarterly review; 10% discount for annual ADR Fees of at least 40,000 EUR;  20% discount for annual ADR Fees of at least 325,000 EUR;   5% Discount for users of advanced electronic signatures (see next slide); Return of ADR Fees if Complaint withdrawn after the disclosure of Documentary Evidence

Implementation of Electronic Signatures



The Czech Arbitration Court will implement the optional use of advanced electronic signatures during ADR Proceedings:

 Option, not an obligation;  Users will not need to submit hardcopies;  A 5% discount on ADR Fees would apply;  Necessary to amend ADR Supplemental Rules.

Conclusions

   The Czech Arbitration Court will publish its draft amendment to the ADR Supplemental Rules for public consultation (at www.adr.eu

) by the end of July; The Czech Arbitration Court welcomes any feedback from interested parties in relation to the administration of .eu ADR cases; Future challenges: UDRP?

Thank you!

Central European Advisory Group

Betlémská 1 110 00 Prague 1 Czech Republic Tel./Fax +420 222 220 500 [email protected]

www.ceag.biz