.rs Domains Dispute & Policy
Last Update 20 August 2012. The most recent source for .rs domains dispute policy can be found at: www.rnids.rs/data/DOKUMENTI/Opsti%20akti/list0031_en.pdf
Domain-name Dispute Resolution
Disputes relating to registered .rs domains are resolved before the Committee for the Resolution of Disputes Relating to the Registration of .rs Domains. The Committee is based at the Serbian Chamber of Commerce, Resavska 15, Belgrade.
In submitting an application for the registration of an .rs domain, and hence accepting the General Terms, the registrant accepts the authority of the Committee for the Resolution of Disputes. The plaintiff accepts the authority of the Committee for the Resolution of Disputes Relating to the Registration of .rs Domains by initiating proceedings before the Committee. By accepting the authority of the Committee, the parties in the proceedings do not relinquish rights to recourse to the courts in the matter at hand.
RNIDS and the Serbian Chamber of Commerce, according to established international practice, approach the resolution of any disputes arising regarding rights to registered .rs domains through a committee-based process. This approach is a faster, cheaper and more effective process of dispute resolution as compared to bringing those processes before a court. The entire procedure is governed by the Rules of Procedure for Proceedings for the Resolution of Disputes Relating to the Registration of .rs Domains.
An Arbitration Council considers and determines whether in registering and using an .rs domain, the registered holder has violated rights to intellectual property or some other subjective right of the plaintiff, in accordance with the provisions of the Rules of Procedure. The proceedings are initiated with the submission of charges on the part of the plaintiff or his or her legal representative.
The first member of the Arbitration Council is named by the plaintiff, who when submitting his or her charges supplies a list with the names of three arbiters from the list of arbiters. The Committee chairs assign the plaintiff the first available arbiter from the list supplied. The second member of the Arbitration Council is named by the registrant, who in his or her response to the charges supplies a list with the names of three arbiters from the list of arbiters. The Committee chairs assign the registrant the first available arbiter from the list supplied. The third member of the Arbitration Council is chosen by agreement of the elected arbiters from the list of arbiters.
The arbitration procedure lasts, as a rule, 60 days from the day of submission of the charges. The arbitration decision is final and no appeal can be lodged against it. The decision of the Arbitration Council shall be enacted upon the expiry of ten days from the day of receipt of the decision by RNIDS, except in the event that a party to the proceedings has submitted proof of initiation of proceedings before the competent court, in which case enactment of the decision is postponed until the decision of the court enters into force.
The procedures for resolving disputes ON REGISTRATION. RS DOMAIN
I GENERAL PROVISIONS
Commission on Dispute Resolution the Registration of. rs domain
Applicable law is the law of the Republic of Serbia.
Commission headquarters in Belgrade, 15th Street Resavska
The Commission has a seal.
The organization of the Commission
Presidency of the Commission consists of a President, Vice President and Secretary Commission. Presidency supervises the enforcement of this Ordinance, the following considers the practice of dispute resolution, and perform other duties assigned to it this Ordinance.
President and Vice President of the Commission shall be elected and dismissed by the Board Chambers Serbian Chamber of Commerce with the list of arbitrators for a period of four years, that `s what can be re-elected.
Secretary of the Commission appointed by the President of the Serbian Chamber of Commerce from the employees in the Chamber.
Professional service is professional and administrative jobs.
The arbitrator may be any legal capacity natural person who is a citizen Republic of Serbia, is domiciled in the Republic of Serbia and has adequate knowledge and capabilities in the field of Internet, Internet domain name system, regulations for intellectual property protection and dispute settlement in the area of Internet domain names.
List of arbitrators is determined every four years, provided that the arbitrator found that the list of arbitrators may be reappointed.
List of arbitrators, with information about their qualifications, publicly available on the web site of the Chamber and the Registry.
II PROCEDURE FOR RESOLVING DISPUTES
Registrant is a person who, in accordance with the provisions of the General Conditions of registration. Rs domains, register and use. rs domain within rsTLD registry. Registrant may be domestic or foreign individual or legal entity.
The prosecutor is a natural or legal person who disputes the right to use registrant registered. rs domains.
The Registrar is responsible for the dispute. Rs domain, unless specified as registrant or administrative contact for the domain, not a party to the dispute and no obligation of the registrant in the representation of dispute resolution.
Representation in proceedings
The authorized agent may be any natural person to conduct business, citizen Republic of Serbia residing in Serbia.
Agreement on Jurisdiction
Prosecutor accepts the jurisdiction of the Commission to resolve disputes regarding. Rs domain initiating proceedings before the Commission.
By accepting the jurisdiction of the Commission by the parties can not waive their right to seeking court protection in the matter subject of the proceedings.
The arbitral tribunal
The arbitral tribunal considers and determines whether the registration and use. Rs domain name registrant has violated any intellectual property or any other subjective right of the plaintiff, in accordance with the provisions of this Ordinance.
The constitution of the arbitral tribunal
The other member of the arbitral tribunal appointed by the registrant, such as in response to the complaint enclose a list with the names of three arbitrators from the list of arbitrators. Presidency of the Commission registrant assigns the first available arbitrator from the provided list.
If the prosecutor or the registrant does not nominate arbitrators or if, for any reason, proposed arbitrators are not able to participate in the arbitration proceedings, Presidency of the Commission shall appoint one arbitrator for each party to the dispute with a list of arbitrators.
Within 7 days of receiving notice of his appointment appointed arbitrators shall select from the list of arbitrators the third arbitrator as the presiding judge. If they are in This does not make a choice, the president of the Presidency Council shall appoint the Commission.
Once you have determined all three members of the arbitral tribunal, the Professional Service inform the parties about the composition of the arbitral tribunal.
If the parties do not put comments on the composition of the arbitral tribunal within three days from receipt of the notice, the arbitral tribunal is constituted considered.
If one or both parties put their objections to the composition of the arbitral tribunal, the final composition of the arbitral tribunal shall decide the Presidency of the Commission.
Prohibitions for arbitrators
Employees of the parties, members of their bodies and permanent or temporary Associates may not be appointed as arbitrators in disputes involving the hand.
Independence and impartiality of arbitrators
The statement in paragraph 1 shall be delivered to the parties, together with notification on the composition of the arbitral tribunal.
If at any time during the proceeding, circumstances appear to may cause doubt about the impartiality or independence of the arbitrator, the arbitrator shall to inform, in writing, immediately inform the Commission Presidency. The Presidency shall, within three days to decide on recall and replacement of such arbitrator.
Withdrawal and revocation of arbitrators
If an arbitrator fails to perform its duties in a reasonable time, the Presidency Commission shall decide on revocation of the arbitrator and make a decision on his replacement.
Any party may request the Commission to revoke the presidency if the arbitrator on the legal or factual reasons, is unable to perform his duties or other reasons fails to perform his duties within a reasonable time.
Challenge of arbitrators
The request for exemption shall be submitted to the Presidency of the Commission within three days of know the reason for exemption. The request for exemption may be submitted until the decisions.
The Presidency shall decide on the request for exemption with the prior written professedly arbitrator whose disqualification is required. The exemption decision may not be explained.
Replacement of Arbitrators
Duties and powers of the arbitral tribunal
The arbitral tribunal is required to enable each side to present their views and evidence and to comment on the action, evidence and proposals of the other.
The arbitral tribunal price probative evidence of free belief.
Before filing suit, the plaintiff may make application to the registry to obtain data Contact Information for the dispute. rs domain, as described in the General Conditions of registration . Rs domains.
The complaint must contain:First name or business name of the prosecutor and the registrar;
Second permanent address or seat, as well as e-mail address and the prosecutor registrant;
Third authorization for the representative, if the prosecutor decides to appoint him; 4th the name of one or more. rs domains which are the subject of the dispute; 5th claim that the transfer of registration. rs domain with the registrar plaintiff or to cease registration. rs domain; 6th relevant evidence;
With the complaint the plaintiff filed a list with the names of three arbitrators from the list of arbitrators, of whom Presidency of the Commission will assign a prosecutor attached to the first available list, and proof of payment of registration fee.
The complaint submitted to the Commission in electronic form, and five printed copies.
On the date of filing is considered to be the day when the Commission received a duly filed complaint in printed form.
The procedure can be initiated if the dispute. Rs domain is already in dispute settlement procedure.
Notification of the registrant and defense
Professional service with attachments submitted a complaint to the registrant in response electronic and printed form, stating how the response should be submitted.
Deadline for response is 15 days from receipt of the complaint registrant.
With the answer to the complaint registrant shall authorize a representative, if registrant decides to appoint him, and the list of names of three arbitrators from the list of arbitrators, of which the Presidency of the Commission assigned to the registrant of the first available the attached list.
Professional Service delivered a statement of defense to members of the arbitral tribunal and the prosecution in electronic and printed form.
Mailing address is the address to which the recipient regularly receives mail. If the recipient did not specify a different address or if the other does not arise from the circumstances, mailing address is considered the address of the headquarters of the legal person or its branch, and address of the habitual residence of a person.
If the address in paragraph 2 This article can not be determined, it is considered that the written admitted if it is addressed to the last known mailing address of the recipient. It is considered that the submission of duly completed when the parties or her attorney refused to accept the call or other writing.
If the parties determine their attorneys, all calls and letters to indicate the address of the proxy.
The oral hearing
Professional Service shall notify the parties of the date and venue hearing.
If the arbitral tribunal determines that the written submissions and the evidence was sufficient for decision, may propose to the parties that the decision is made without a hearing.
The parties may agree to a proposal submitted to the arbitral tribunal to decision is made without holding a hearing.
If one party does not agree with the proposal for a decision without hearing, the arbitral tribunal shall decide whether to hold oral hearings.
Maintenance of hearing
The arbitral tribunal may decide to hold oral hearing on another place in a reasoned request of a party to the proceedings.
An oral hearing is not public, unless the parties otherwise agree.
The parties attending the hearing personally or through an authorized proxy.
If one or both parties, although duly notified, no lodges at the hearing, arbitrators, since they determine that a duly called and that no reasonable reason for absence, can access the discussion of a dispute as to the parties present.
The parties to the dispute shall be heard outside the hearing (eg, through teleconferencing, videoconferencing, Web conferencing, etc..), unless arbitral tribunal determines to be necessary for a decision.
Language of the procedure applies to all written statements of the parties, a hearing, decisions and other documents of the arbitral tribunal.
Criteria for making a decision on termination or transfer of registration. rs domain
First that. rs domain is identical or substantially similar to plaintiff's registered trademark for the same or similar goods or services, which can create confusion and mislead participants in the market;
Second that the registrant has no rights or legitimate interest to use controversial. domain;
Third that the registrant. rs domains registered and used contrary to the principle of good faith, honesty and good business practices.
Using the. Rs domain contrary good business practice
First if it is proved that the registrant has registered. rs domain mainly for its sale or lease of the prosecutor, who is the titular of the trademark that is identical or substantially similar registered. rs domain, or for the sale or giving in lease. rs domain entity that is the Prosecution's competitor in the economic game, and the determined based on disproportion between the rents. rs domains and selling prices forward the said persons;
Second if it is proved that the registrant has registered. rs domain to prevent the holder mark to sign his name as registered. rs domain;
Third if it is proved that the registrant has registered. rs domain to prejudiced its business to a competitor;
4th if it is proved that the registrant used. rs domain is identical or substantially similar to the plaintiff's trademark, mainly in order to attract Internet users to your website or other Internet service for commercial effects, creating a confusion concerning the origin of goods that are on that site, or via the Internet service, sale, or in respect of services provided.
Using the. Rs domain in accordance with good business practices
Third to use. rs domain for non-commercial purposes, without any intent to consumers and other participants in the transactions misleading regarding the origin designated goods or services in the context of substantial similarity or identity of the prosecutor's trademark.
Duration and dates
The deadlines set out by the Regulation may be extended in special justified cases where the arbitral tribunal shall ensure that the process has stalled.
Termination of proceedings
The arbitral tribunal shall decide to terminate the proceedings:
First when the plaintiff withdraws the complaint;
Second if the parties agree to terminate the proceedings;
Third If during the regular court proceedings bring valid verdict on things that are the subject of proceedings;
4th When the arbitral tribunal determines that the continuation of proceedings for any other reason become unnecessary or impossible.
If during the proceeding is instituted legal proceedings on the occasion domain that is the subject of complaints before the Commission, the arbitral tribunal will decide whether the procedure before the Commission to suspend, terminate or continue.
If it comes to the conclusion of the proceedings without making a decision on any grounds in paragraph 2 and 3 this article, the plaintiff is not entitled to a refund of fees paid to the costs of the proceedings, or may re-submit a complaint to the Commission about the same thing.
The arbitral tribunal shall decide in writing, after deliberation which must to participate all arbitrators.
The decision of the arbitral tribunal shall be taken unanimously or by majority vote of the arbitrators. The decision is made in a closed session attended only the arbitrators and the court reporter. When voting on the decision, the presiding judge to make the last. The deliberations and voting in the minutes signed by all arbitrators.
The contents of Decision
Introduction The Commission's decision shall contain the name, the names of members of the arbitral tribunal, business name or name and surname, occupation and address or residence parties, their agents or attorney, a brief description of the dispute and date and place of decision.
The pronouncement of the decision of the arbitral tribunal includes the decision on the claim.
Reasons include the chronology of the dispute, the views of relevant parties listed on factual and legal issues, evidence has been provided and constructed and why which was decided as stated.
Shall be communicated to the parties and the National Register of Internet Domain Names Serbia, and published on its website.
The signing of the decision
The decision applies even when an arbitrator fails or refuses to sign the decision, if decision signed by most members of the arbitral tribunal and the decision noted denial of the signatures of signatures.
The arbitral tribunal may make corrections in paragraph 1 this article on its own initiative.
Decision on amendments is an integral part of the decision to which it relates.
Effect and enforcement of
The decision of the arbitral tribunal shall be executed upon the expiration of ten days receipt of the decision with the Registry, unless the parties submitted evidence to initiate proceedings before the competent court, when the execution of decisions deferred until the final decision of the court.
The execution of the decision of the arbitral tribunal takes care of the Register.
Costs of proceedings
The prosecutor is not entitled to a refund of registration fee, regardless of the outcome dispute.
For expenses in connection with the performance of certain procedural actions appropriate amount taken forward the party submitting the proposal.
Compensation for arbitrators
Compensation for arbitrators shall be determined by a decision taken by the competent authority Chambers, with prior approval of the Register.
V TRANSITIONAL AND FINAL PROVISIONS
The organization of the Commission in the interim period
List of arbitrators shall be determined in accordance with Art. 4th this Ordinance, until expiration of the list of arbitrators established by the Registry of the previously effective Regulations.
First Vice President and President of the Commission appointed by the Chamber List of arbitrators established by the Registry as per the current regulations. Mandate first vice president and lasts until the election of President and Vice President in accordance with Art. 3, para. 3 of this Ordinance, and no later than the expiration List of arbitrators established by the Registry as per the current regulations.
Application of the former Rules
Entry into force of Regulation