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Rights Protection Mechanisms

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by

Neil Dundas

on 21 April 2014

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Transcript of Rights Protection Mechanisms

Rights Protection Mechanisms
Timeline
Launch
Launch will comprise concurrent application periods for:
Sunrise; and
Land Rush
Conclusion
Africa's new geo TLDs
The ZA Central Registry will soon be launching 4x new gTLDs:
Launch Overview:
ZA Central Registry?
Previously known as UniForum SA
Non-profit company (NPC)
ZA SLDs and new gTLDs.
over 925,000 CO.ZA registrations
Transition of NET.ZA, ORG.ZA and WEB.ZA
Mark Validation for Sunrise Applications
January
2012
4x Phases:
Application
Pre-Sunrise
Launch
General Availability
Priority Ranking & Contentions
Priority for African Registered Marks
- currently available!
Applications: VTs and SMDs
- logistics
- different types of priority vs. allocations
- not first-come-first-served
- auctions to deal with contention
Africa's New Top Level Domain Names
Mark Validation System
- 3x key services
MVS Services:
Sunrise Services

=

priority registration during the launch
Claims Service

= notifies the domain name applicant of existing right
Watch Service

= notifies the TM holder of a matching domain name registration
Claims and Watch Services can be triggered on various domain name transactions,
including creates, updates, transfers, renews and possibly even deletes. Makes it a valuable proposition to cover existing domains in .ZA
Early Warning
GAC Advice
gTLD Objection and DRP
RNLs
MVS
TMCH
Sunrise Services
Sunrise DRP
Claims Notices
Watch Services
UDRP
URS
PDDRP

Trademark Post-Delegation Dispute Resolution Procedure (Trademark PDDRP)
The Trademark PDDRP generally addresses a Registry Operator's complicity in trademark infringement on the first or second level of a New gTLD.
Clause 6.2 : Second Level

Complainants are required to prove, by clear and convincing evidence that, through the registry operator’s affirmative conduct:

(a) there is a substantial pattern or practice of specific bad faith intent by the registry operator to profit from the sale of trademark infringing domain names; and

(b) the registry operator’s bad faith intent to profit from the systematic registration of domain names within the gTLD that are identical or confusingly similar to the complainant’s mark, which:

(i) takes unfair advantage of the distinctive character or the reputation of the complainant's mark; or
(ii) impairs the distinctive character or the reputation of the complainant's mark, or
(iii) creates a likelihood of confusion with the complainant's mark.
New gTLD objections and DRP:
String Confusion Objections
Legal Rights Objections
Limited Public Interest Objections
Community Objections
Recap: Claims
Mr. Cyber Squatter
Mr. Mark Holder
match:
standardbank.africa
standardbank.africa
claims notice
Recap: Watch
Mr. Cyber Squatter
Mr. Mark Holder
match:
standardbank.africa
variant:
stand
e
rdbank.africa
stand
e
rdbank.africa
watch notice
Recap: Loading Marks
Mr. Mark Holder
match:
standardbank
standard-bank
variants:
stand
e
rdbank
bank
absa
* variant: can be any name even possibly a wildcard term?
word mark :
standard bank
* Can be triggered on various domain name transactions.
.africa
.joburg
.capetown
.durban
.co.za
.web.za
.org.za
.net.za

.cairo?
.nairobi?
Make use of the Mark Validation System, to:
preemptively protect marks; or
monitor potential abuse
Understand the new range of RPMs available to IP holders:
URS
PDDRP
UDRP
Application
Pre-Sunrise
Launch
General Availability
Full transcript