Explanatory Note PDF Print E-mail

 

This policy deals with the resolution of disputes between two parties over to whom a given domain should be registered. In summary, if one party - the Complainant - considers that a domain has been wrongly registered to another party - the Registrant - then the Complainant can initiate an action - called an Administrative Proceeding - under this Policy. The Complainant must be able to show that he or she has a right to the domain and the incumbent Registrant does not.

 

As a condition of registration of their domain, Registrants must participate in the Administrative Proceeding. If they fail to successfully defend their right to a domain it may either be transferred to the Complainant or cancelled without refund of fees.

 

Complaints are not decided on by IEDR, but by an independent and impartial Panel of one or three experts appointed by the World Intellectual Property Organisation.

 

A Complaint is only valid if it complies with this Policy and the Rules of Procedure for initiating and the hearing of a Complaint - which can be found at http://arbiter.wipo.int/domains/rules/ie.html. Fees are payable (to WIPO and NOT to IEDR) and you should refer to http://arbiter.wipo.int/domains/fees/cctlds/ie/index.html for the applicable costs.

 

It is a condition of this policy that IEDR will implement the decision of a Panel in respect of a domain. However neither this Policy, the Rules, an Administrative Proceeding or a Panel Decision affect or restrict the legal right to commence court proceedings at any time against a domain holder or a party to an Administrative Proceeding.

 

IEDR denies all liability for loss or damage occasioned by the application of this Policy or the consequences of a Panel decision. In the event that a party commences proceedings against the IEDR in relation to a matter that falls within the scope of this Policy then the IEDR will rely fully on the existence and terms of this Policy and any decision given thereunder.

 
 

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