What governs domain disputes and where to demand the transfer of a domain name?
Depending on the type of domain name, in the event of a domain dispute, the given ADR rules (usually specified in the registration agreement) will apply, on the basis of which it is possible to demand the transfer or cancellation of the disputed domain name at various institutions.
In the case of generic domain names (gTLDs), such as <.com>, <.net>, <.org>, etc., domain disputes are governed by UDRP (Uniform Dispute Resolution Policy) rules. UDRPs are the most widespread rules for domain disputes adopted by the international NGO ICANN, which is also the Registry (administrator) of generic domain names. In addition to generic domain name disputes, UDRPs may also apply to disputes over a number of national domain names (eg <.tv> for Tuvalu, <.cy> for Cyprus, <.cc> for the Cocos Islands), always at the discretion of the relevant national Registers (administrators).
However, in the case of national domain names (ccTLDs) in general, such as the <.cz>, <.sk> and <.eu> domains, separate ADR rules adopted by the relevant Registry (administrator) of the national domain (in in the case of the <.eu> domain, these rules take the form of Union legislation). In principle, however, the relevant ADR rules are to a greater or lesser extent based on UDRP.
Selected Registries (Administrators):
|CZ.NIC, z.s.p.o||Czech domain||<.cz>|
|SK-NIC, a.s.||Slovak domain||<.sk>|
Registries (administrators) also decide where claims can be made in domain disputes. Such a “court” is traditionally the World Intellectual Property Organization (WIPO), but also the Czech Arbitration Court (CAC), which quite surprisingly occupies a relatively important place in the world of domain disputes – see for example its historically privileged position as the only court for domain disputes < .eu> until 2017 (note: with effect from 1 June 2017, it is also possible to turn to WIPO in these disputes). Domain disputes over <.cz> domains also fall within the scope of CAC. As far as <.sk> domains are concerned, disputes are decided by the European Information Society Institute, o.z. (EISI).