Law of Domain Names and Online Marketing

ADR in .eu domain

ADR in EU domain

 ADR in the domain of EU was directly prescibed by the Regulation 874/2004/EC. This is a significant difference in comparison with UDRP, which is based on the arbitration clause. The Article 21 of this directive deals with Speculative and abusive registrations. According to the firs article, A registered domain name shall be subject to revocation, using an appropriate extra-judicial or judicial procedure, where

  1. that name is identical or confusingly similar to a name in respect of which a right is recognised or established by national and/or Community law,
  2. has been registered by its holder without rights or legitimate interest in the name; or
  3. has been registered or is being used in bad faith.

Eligible dispute resolution centres

 The only centre eligible for dealing with domain disputes in .eu domain is the Czech arbitration court based in Prague. Please follow this link to its website and further information: https://www.adr.eu/

 

Legal regulation

Apart from the EC regulations, the ADR is governed by the internal documents of Czech arbitration court, which are called ADR rules and ADR Supplemental rules.

Please follow this link to see them: https://eu.adr.eu/adr/adr_rules/index.php

 

 

Decisions

All the decisions are public and can be viewed and searched here

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