Dot-eu Sunrise Validation Services for EURid

Transcription

1 Dot-eu Sunrise Validation Services for EURid ECTA 24th Annual Meeting, London, 10 June 2005, legal counsel *connectedthinking PwC

2 Contents Introduction Rules for dot-eu Domain Name Applications during Sunrise How Will the Validation of Prior Rights Take Place? Q&A Panel Discussion

3 Introduction Validating Prior Right Claims Made During.eu Sunrise Why a Sunrise Period? How? - ex post ADR procedures - ex ante validation of existence of prior rights -.eu: combination Articles of Commission Regulation 874/2004 of 28 April 2004 (Public Policy Rules) concern ex ante validation Chapter VI of the Public Policy Rules deals with Revocation and Settlement of Conflicts - need for a clear set of rules and procedures Page 3

4 Rules for.eu Domain Name Applications during Sunrise Rules to which domain name applicants must comply when applying for a.eu domain name during the Phased Registration Period General Eligibility Requirements - cf. Article 4(2)b of Regulation 733/2002 Specific Eligibility Requirements during Sunrise - cf. Article 10(1) of Regulation 874/2004 Non-exhaustive list of acknowledged Prior Rights - cf. Article 10(1) second of Regulation 874/2004 Documentary evidence acknowledged for each type of Prior Right - cf. Article 14, first of Regulation 874/2004 Page 4

5 Rules for.eu Domain Name Applications during Sunrise Specific Eligibility Requirements Article 10(1) of the Public Policy Rules Holders of prior rights recognised or established by national and/or Community law and public bodies shall be eligible to apply to register domain names during a period of phased registration before general registration of.eu domain [names] starts. Who is considered to be a holder of a prior right? Which prior rights are acknowledged, established and protected? Page 5

6 Rules for.eu Domain Name Applications during Sunrise Prior Rights Mentioned in the Public Policy Rules Article 10(1), second PPR Prior Rights shall be understood to include, inter alia, - registered national and community trademarks, - geographical indications or designations of origin, and - in as far as they are protected under national law in the Member-State where they are held: - unregistered trademarks; - trade names; - business identifiers; - company names; - family names; - distinctive titles of protected literary and artistic works Page 6

7 Rules for.eu Domain Name Applications during Sunrise The Rules for.eu Domain Name Applications during Sunrise will: give an interpretation of the prior rights definition - non-exhaustive list - protected / established or recognised under national law? state which evidence is to be provided to the validation agent - try to be as transparent as possible specify which (administrative) requirements will need to be complied with list which names can be registered and how - complete name for which the prior right exists - special characters Page 7

8 Validation Process Two «Types» of Domain Name Applicants General Domain Name Applications - cf. General and Specific Eligibility Requirements - companies, physical persons, etc. - validation process will be described in the following pages Names and acronyms of Public Bodies - validation will be done by Government Validation Points, individually appointed by each Member State Page 8

9 Validation Process for General Domain Name Applications during Sunrise 1.eu Domain Name Applicants.eu Domain Name Applications 4 send confirmation of receipt + hyperlink to template cover page 3 Registrar 1 Registrar 2 Registrar 3 Registrar X 2 Sunrise Database WHOIS provide documentary evidence on prior rights within 40 days after application notify receipt of documentary evidence updates Sunrise Database (WHOIS) 6 Content Server 5 PwC VA Platform scanning centre Page 9

10 Validation Process for General Domain Name Applications during Sunrise In case domain name applicant is first in the queue for the domain name concerned and his documentary evidence has been received in time allocate file to PwC employee, native speaker participating in the project, trained to perform the validation of prior rights; quality control by IP experts positive or negative notification 8 Sunrise Database 7 instruction to validate + communicate metadata to VA Platform PwC VA Platform WHOIS Page 10

11 Validation Process for General Domain Name Applications during Sunrise communicates decision 9 Takes decision on basis of (positive or negative) notification by PwC.eu Domain Name Applicants Registrar 1 Registrar 2 Registrar 3 Registrar X Sunrise Database WHOIS updates Sunrise Database (WHOIS) 10 Page 11

12 Thank You PricewaterhouseCoopers web site: Att. validation.pwc.be Legal Counsel Gen. Lemanstraat 67 general Antwerpen Belgium PwC