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Present and Future of the .eu ADR Process

Present and Future of the .eu ADR Process. Presented by: Zbynek Loebl and Daniela Cizkova (CEAG). Agenda. Status of the .eu ADR Categorization of first ADR Decisions Development of the on-line platform Changes in ADR Fees Implementation of electronic signatures Public consultation Q & A.

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Present and Future of the .eu ADR Process

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  1. Present and Future of the .eu ADR Process Presented by: Zbynek Loebl and Daniela Cizkova (CEAG)

  2. Agenda • Status of the .eu ADR • Categorization of first ADR Decisions • Development of the on-line platform • Changes in ADR Fees • Implementation of electronic signatures • Public consultation • Q&A

  3. Status of the .eu ADR – CAC perspective • First ADR Complaint filed on 3 February 2006 • As of 17 July 2006, 406 Complaints were filed; • Majority of Complaints (316) filed against EURid; • Majority of Complaints filed in English, number of non-English Complaints is growing (Czech, Danish, Dutch, Estonian, French, German, Greek, Hungarian, Italian, Latvian, Polish, Slovak, Spanish, Swedish); • As of 17 July 2006, 62 Decisions were issued and published; • Official Web site of CAC changing: https://www.adr.eu.

  4. .eu ADR Panelists • As of 17 July 2006, 134 names were entered in the List of Panelists • Language skills of Panelists cover essentially all official EU languages

  5. .eu ADR Panelists

  6. Requirements for .eu ADR Panelists • Educational and Professional qualifications; • Language skills; • Area of Specialization; • Experience; • Membership in professional bodies • Publications

  7. Application to become a Panelist • CAC is still open for new applications • Next round of selection will be held in September 2006 • adr@adr.eu

  8. Categorization of the first ADR Decisions • Special characters (§ 11(2)) of the PPR: • Different characters treated differently (“&” v. “*” and “.” ; • Relationship between the disputed domain name and underlying prior right (the existence of Prior Rights which correspond to the domain name is a basic principle of the Sunrise) • ADR Decisions: • barcelona.eu (ADR 398): BARC & ELONA; • frankfurt.eu (ADR 394): FRANKF & URT; • live.eu (ADR 265): LI &VE; • 123.eu (ADR 188): 1.2.3; • urlaub.eu (ADR 532): u*r*l*a*u*b

  9. Categorization of the first ADR Decisions • Figurative or composite signs (S. 19 of the Sunrise Rules, § 10(2) of the PPR): • The word element must be predominant: Eurostar (ADR 12) and Bingo (ADR 210) v. 123 (ADR 188); • All alphanumeric characters must be contained in the domain name: O2 (ADR 470); • Registration of the complete name for which the Prior Rights exist: casino, auto, keno, porn, porno, bank (ADR 271).

  10. Categorization of the first ADR Decisions • Formal v. Substantive Review of Sunrise applications • Where possible, in their review of compliance of Sunrise applications Panelists have preferred substance over form: Schoeller (ADR 253), Oscar (ADR 181); • But: • Late submission of documentary evidence confirmed as noncompliance: ISL (ADR 219), NAGEL (ADR 119); • If more explanations possible (e.g., when multiple companies from the same group are involved), a strict interpretation of the Sunrise Rules has applied: NAGEL (ADR 219); KANE (ADR 370)

  11. Categorization of the first ADR Decisions • Alleged Noncompliance of Documentary Evidence • Sole statement of the Complainant regarding its TM ownership not sufficient: BPW (ADR 127); • Proof of TM transfer sufficient, not necessary also to prove that the TM did not expire: Pompadour (ADR 340); • Just proof of TM application not sufficient: Odyssey (ADR 404); • TM valid at the date of application, but not at the date of registration, is sufficient: Lumena (ADR 317)

  12. Categorization of the first ADR Decisions • Bad faith assessment in Sunrise-related ADRs (§ 3(c), 14, 20 of the PPR) • The Registry does not need to examine bad faith in Sunrise applications, unless a procedure under §20 of the PPR is invoked; • The Registry should have a set of consistent procedural rules to deal with § 20 requests; • Eurostar (ADR 12), LOTTO (ADR 685); AUTOTRADER (ADR 191)

  13. Categorization of the first ADR Decisions • Names of Public Bodies (§ 10 (3) of the PPR) • Shortened, commonly-used names are not allowed: Marstall (ADR 168), Stockholm (386) • Acronyms of a division of a public body are allowed: BOC (ADR 139)

  14. Categorization of the first ADR Decisions • First to apply vs. better prior right • First to file principle applies in .eu Sunrise; • Vitana (ADR 143), PST (ADR 35)

  15. Categorization of the first ADR Decisions • Other • Evident mistake of the validation agent: Merak (ADR 207), Engels (ADR 130); • Advanced invalid reservation of a domain name with the registrar: 4M (ADR 393)

  16. Categorization of the first ADR Decisions • Administrative challenge: domaine.eu (ADR 174) • Language trial: north-cyprus-tourism.eu (ADR 1264B) • Cases against DN holders: WIPO categorization? • LASTMINUTE (ADR 283) • RABBIN (ADR 1375)

  17. Development of the on-line platform • The Czech Arbitration Court is working on the following improvements of the on-line platform: • Master accounts for parties involved in multiple ADRs; • Categorization of decisions, selection function; • Resolution of occasional time-outs; • Deadlines for procedural steps clearly visible in a case file; • E-mail notifications for case developments more informative; • Further development of FAQs and explanations within the on-line platform; • Regular reviews of ADR Decisions (quarterly); • Regular webinars

  18. Changes in ADR Fees • The Czech Arbitration Court will propose to the Commission the following changes in ADR Fees: • Discounts of 10%-20% for multiple, administratively-compliant Complaints filed through service providers: • Initial discount 5%, quarterly review; • 10% discount for annual ADR Fees of at least 40,000 EUR; • 20% discount for annual ADR Fees of at least 325,000 EUR; • 5% Discount for users of advanced electronic signatures (see next slide); • Return of ADR Fees if Complaint withdrawn after the disclosure of Documentary Evidence

  19. Implementation of Electronic Signatures • The Czech Arbitration Court will implement the optional use of advanced electronic signatures during ADR Proceedings: • Option, not an obligation; • Users will not need to submit hardcopies; • A 5% discount on ADR Fees would apply; • Necessary to amend ADR Supplemental Rules.

  20. Conclusions • The Czech Arbitration Court will publish its draft amendment to the ADR Supplemental Rules for public consultation (at www.adr.eu) by the end of July; • The Czech Arbitration Court welcomes any feedback from interested parties in relation to the administration of .eu ADR cases; • Future challenges: UDRP?

  21. Thank you!

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