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8 Dicembre 2021
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.IT DOMAINS DISPUTES

NOTICE: the following illustration summarizes only certain parts of the current Regulations (and the Guidelines) Disputes Resolution accepted by the registrant of .it domain and to opponent (challenging) aiming to start a re-assignment procedure, MFSD Supplemental Rules and Fees. This summary does not replace the careful reading and thorough understanding of the documents mentioned and available on 'Rules' section on this website. For any further information please contact: Stefano Monguzzi, Case Manager, responsabile@mfsd.it or ph +39 02 45490522.

THE .IT REGISTRY

The .it Registry is the entity responsible for assigning domain names under Italian country code Top Level Domain (cc TLD) and managing the primary registers and nameservers for .it TLD delegated for this by Internet Corporation for Assigned Names and Numbers (ICANN).

PROCEDURE

The domain name re-assignment procedure is an alternative dispute resolution method prepared and approved by the Registry to prevent and solve domain names conflcts in the ccTLD .it.

The procedure answers the criteria adopted by at International level by ICANN and EURID respectively for domain names registered respectively in gTLD and ccTLD .eu and is governed by the regulations contained in the Dispute Rules.

The proceedings are managed by special organisations, called Dispute Resolution Service Providers (PSRD), which have lists of experts that check, in the parties’ debate and in compliance with the provisions of the Dispute Rules, the ownership of the domain name.

LANGUAGE

Article 4.11. Disputes Resolution Rules provides that:

'Language of the proceedings The re-assignment procedure is conducted in
 ItalianIt is the Board’s right to decide, taking into account the circumstances of the single procedure and on request from one of the parties, whether to conduct it in another language. The Board can order that documents produced in any language other than Italian be accompanied by a full or partial translation into the language of the proceedings'.

Therefore, the language of the procedure is Italian, even if the parties or one of them resides or is domiciled in one of the EU countries, unless the parties by mutual agreement choose a different language, but the decision will always be drafted in Italian.

Parties can file complaint and documents in languages ​​other than Italian: if requested by one of the parties, the Expert will order their translation. 

Otherwise, it is a consolidated practice that the Expert, having declared knowledge of a language other than Italian, continues the procedure, making the decision in Italian. MFSD has the right (but the regulations do not oblige) to send communications in a language other than Italian, which, by convention, is English. If the Expert is available to do so, an abstract of the decision may (not required) also be rendered in English. 

The translation (also sworn before the Court) in another language can be requested by the interested party to MFSD and Expert, which will send an estimate of the cost.


OUT-OF-COURT DISPUTES RESOLUTION SERVICE PROVIDERS (DRSP)

Organizations accredited by the ccTLD .it Registry for the management of disputes concerning the re-assignment of domain names registered in the ccTLD .it, in compliance with the document "Procedure for qualifying out-of-court dispute resolution service providers within the context of the ccTLD .it", decided by professionals experienced in legal and IP areas.

SOURCES AND INFORMATIONS

Below is a quick and easy explanation of the various stages of the procedure (MFSD Practical Guide), free download after registration on this website. In other sections of this part of the site (Domain Disputes), then you will find the rules to be observed (Rules), forms to start the process and in responding to a complaint (Forms), the description of the costs (Fees), the list of professionals and their curricula (Panellists) to choose the names of the people who rely on the resolution of the dispute, and a list of the decisions (Decisions) issued ​​by MFSD useful to be able to argue in the complaint or in the reply.

Domain conflicts and legal system, guide published by CENTR (association of Internet Cuntry Code Top Level Domain Registries) to provide those involved such as legislators, judges, lawyers, prosecuting authorithies and the police, with a level of knoledge of technical aspects of conflicts resolution and the legal processes in this field. (CENTR, February 2012) 

VIDEOS

Left. WIPO Director General Francis Gurry comments on WIPO domain name dispute resolution cases in 2013, and the impact of new generic top-level domains on trademark holders

Right. Norid, the norvegian .no Registry esplains the difference between a conflict on domain and content website- A legal guide on legal system (Norid).

Left below. WIPO Director General Francis Gurry and Erik Wilbers, Director of the WIPO Arbitration and Mediation Center, present the results of an international survey on dispute resolution in technology transactions. They also discuss cybersquatting trends in 2012 and the expansion of the domain name system.

Right below. What can you do to protect your .eu name, brand or trademark online ? Petr Hostas of the Czech Arbitration Court and EURid's Geo Van Langenhove talk about ADR.eu, the faster and fully-online alternative dispute resolution system.
 
© All rights reserved 
PDF
Documento riservato ai soli utenti registrati.
PDF
Centr-brochure-domain conflicts and the legal system-20120223
2 MB
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[youtube=https://www.youtube.com/watch?v=NFydHwENSYk]
[youtube=https://www.youtube.com/watch?v=cSX_WixYjMQ]
[youtube=https://www.youtube.com/watch?v=KUPKXFQ8Xy4]
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