.is Domains Dispute & Policy
Last Update 20 August 2012. The most recent source for .is domains dispute proceedure can be found at: www.isnic.is/en/domain/dispute
The Board of Appeals operates independent of ISNIC and handles conflict resolution according to its charter.
The results of the appeals process are published in Icelandic.
A Board of Appeals handles disputes regarding the registration of domains. The Board of Appeals is autonomous and independent. ISNIC carries out decisions of the Board within 10 days after they have been passed or on the next business day thereafter. ISNIC will not carry out the Board of Appeal's judgements if legal proceedings have been instigated in respect of the same issue or an injunction been placed on the use of the domain in question before the Board of Appeals has reached a decision. Cases involving the registration of domains or refusal to register domains may be referred to the Board of Appeals.
The members of the Board of Appeals are appointed by ISNIC. The Board of Appeals consists of three members and an equal number of alternate members. The chairman and his alternate, who is also the vice chairman, shall meet conditions normally required for appointment to the Icelandic Supreme Court. One of the members shall have the professional knowledge of competition and trade mark act and one member shall have knowledge of the Internet and Internet technologies. The Board of Appeal shall be appointed for a term of two years. The Chairman and his alternate shall be appointed by ISNIC without nomination while other members of the Board of Appeals and their alternates shall be appointed based on nominations from the Internet community and the University of Iceland. The Board of Appeal's secretary shall be an employee of ISNIC. The secretary has neither the right to submit motions nor the right to influence the work of the Board of Appeals.
The Board of Appeals shall have jurisdiction to pass decisions on domains registered or renewed after these rules are adopted.
The Board of Appeals may render decisions on the transfer of domains registered with ISNIC. The Board shall not address cases where legal proceedings have been instigated. The Board may also dismiss cases that do not meet the conditions required for the appeal to be addressed by the Board, or where in the preparation of the case, lack of investigation or obscurity render any decision impossible.
An appeals fee shall accompany all appeals placed before the Board. Appeals will not be processed before payment of the appeals fee. The fee is non-refundable.
Appeals to the Board shall be in writing and sent by letter or in electronic form to ISNIC marked "Board of Appeals". The appeal shall include the following:
- Information on the appellant, name, identification number, address, telephone No. and e-mail address.
- Which domain cpr144449003101 the appeal concerns
- Appellants claims.
The Board of Appeals shall inform the other party of the appeal and provide such party with the documents submitted. The opposing party shall then be allowed reasonable time to submit comments to the Board of Appeals. The Board of Appeals is authorized to gather additional data on its own initiative, but shall give the parties the opportunity to submit comments.
Proceedings in the settlement of disputes shall be in writing only. The Board of Appeals shall take a position on issues relevant to the form of the case, such as the competence of Board members and motions for dismissal. The Board shall give both parties the opportunity to comment on formalities before it makes a ruling unless such comments are clearly unnecessary.
Decisions shall be taken by majority vote. The Board of Appeals, as a rule, shall make its decision known within two weeks of all data being placed before it. Decisions shall be accompanied by a brief reasoning. The Board's decision shall be posted, in full, on the ISNIC web. A written document containing an identical text shall also be preserved. If the Board is unable to reach a unanimous decision, the views of the minority shall be recorded in the final decision. Decisions must be recorded securely in the minutes, which may be kept in electronic form.
The Board of Appeals shall make decisions on appeals based on the following substantial rule as well as ISNIC's registration policy. The domain will only be transferred from the current registrant if all of the following conditions are true:
- a domain name is the same as a registered trade mark, consisting exclusively of letters or numerals, registered at the Icelandic Patent Office before the domain was registered
- the party who registered the domain does not have any legitimate interest of the use of the domain
- the party that registered the domain was not in good faith regarding his right to the domain at the time of registration.
- a domain was registered with the purpose of selling, leasing or allowing a third party access to the domain for a price that is demonstrably higher than the registration and renewal costs, or
- a domain has been registered for the sole purpose of preventing a competitor from registering the same domain.