Committee for the resolution of disputes relating to the registration of national internet domain names

Committee for the resolution of disputes relating to the registration of national internet domain names

ABOUT THE COMMITTEE

Register of National Internet Domain of Serbia – RNIDS (Registar nacionalnog Internet domena Srbije) and the Chamber of Commerce and Industry of Serbia, have provided a method for resolution disputes relating to the registration of rs. and srb. domains before the Committee for the resolution of disputes relating to the registration of national Internet domains.

Registration of Internet domain names of the second level can lead to disputes, mostly with the holders of intellectual property rights. These disputes may be brought before national courts, or resolved out of court, through alternative dispute resolution methods.

The Committee for the resolution of disputes relating to the registration of national internet domain names is a body which makes decisions independently and autonomously, pursuant to the law and other regulations. 

Decisions are made by tribunal consisted of three members: president and two members. 

This is a fast, modern and efficient procedure. Communication with partis is electronic - petition, response to petition, evidence and other motions are submitted by electronic means to the Committee. The Commitee also delivers the documents to the parties in electronic form (from the appointment of arbiter to the final decision).

The procedure for resolution of domain name disputes is not an arbitration. Thus, the Law on Arbitration does not apply to it. The domain name disputes are resolved in a specific ADR procedure which is governed by the Rules on Resolution of Domain Name Disputes. The Rules contain the terms “arbitrator” and “arbitral tribunal”, but the use of these terms is purely technical, since there are no better terms in Serbian language that would correspond to the English terms “panelist” and “panel”.   

ORGANIZATION

Presidency

The Presidency of the Committee is comprised of the President, Vice-President and Committee Secretary. The President and Vice-President of the Committee shall be appointed and dismissed by the Managing Board of the Chamber of Commerce and Industry of Serbiafor a period of four years. The Committee Secretary shall be appointed by the President of the Serbian Chamber of Commerce from among the employees of the Chamber. The Presidency shall provide supervision over the implementation of these Rules of Procedure, monitor and review dispute resolution practices and conduct other business delegated to it by these Rules of Procedure.

The Committee Secretary

The Committee Secretary signs the correspondence may attend meetings of the Commitee. The Committee for Resolution of National Internet Domain Name Disputes does not have a separate secretariat. The legal, technical and administartive support to the work of the Committee is therefore provided by the Secretariat of the Permanent Court of Arbitration Attached to the Serbian Chamber of Commerce.

Tribunal

Tribunal consists of three members: president and two members of the tribunal. The Committee has the List of Arbiters, determined by the Managing Board of Chamber of Commerce and Industry of Serbia at the proposal of Register of National Internet Domain of Serbia. Parties appoint arbiters from the List of Arbiters. 

JURISDICTION AND PROCEDURE BEFORE THE COMMITTEE

Agreement on the jurisdiction

The plaintiff accepts the jurisdiction of the Committee by the act of initiation of the proceeding. The registrant ,in the act of registering a national Internet domain name within the rsTLD registry and accepting the General Terms and Conditions for the registration of national Internet domain names, accept the jurisdiction of the Committee. In accepting the authority of the Committee, the parties to the procedure do not relinquish rights to recourse to the courts in the matter at hand.

Procedure

Disputes relating to the registration of national Internet domain names shall be addressed by a tribunal consisting of three members.  

The dispute resolution procedure shall begin with the submission of a petition by a plaintiff or its proxy. The procedure  shall be single-instance and as a rule shall have a duration of 60 days, counting from the day of the constitution of the tribunal. Procedure is subject to the Rules of Procedure for the resolution of disputes relating to the registration of national internet domain names ("Official Gazette of the Republic of Serbia" no. 31/11, 24/12 67/14 i 61/16).

The procedure may be concluded by the issue of a final decision or by decision of the tribunal to conclude the procedure.The tribunal may decide on the termination or transfer of the registration of a disputed domain name from the registrant to the plaintiff.

The decision is final and is subject to no appeal. 

Parties:

A plaintiff -  an individual or legal entity who oposses the right of the registrant to use a registered national internet domain name. A plaintiff may be a domestic or foreign individual or legal entity.

A registrant - an individual or legal entity who in accordance with the provisions of the General Terms and Conditions for the registration of national Internet domain names, registers and uses a national domain name within the rsTLD registry. A registrant may be a domestic or foreign individual or legal entity.

Decision

Final decision is enforced by RNIDS. The decision of the tribunal shall be enacted upon the expiry of ten days from the date of receipt of the decision by RNIDS, except in the event where a party to the proceedings has submitted proof of initiation of proceedings before the competent court, in which case enforcement of the decision is postponed until the decision of the court enters into force.

 

KONTAKT

Dušan Popović, phd, President
Marko Jovanović, phd, Vice - President

Ivana Jakovljević, Secretary
tel: (+381 11) 4149 416
e-mail: ivana.jakovljevic@pks.rs

Gordana Bešir Lasica, Senior Advisor
tel: (+381 11) 4149 417
e-mail: gordana.lasica@pks.rs

Gorana Kalaba, Senior Advisor
tel: (+381 11) 4149 418
e-mail: gorana.kalaba@pks.rs

Seat and useful contacts

Knez Mihajlova 10, 11000 Belgrade
e-mail: domenski.sporovi@pks.rs

Register of National Internet Domain of Serbia – RNIDS, Žorža Klemansoa 18a/I,
11108 Belgrade, Serbia

www.rnids.rs

The Intellectual Property Office of the Republic of Serbia, Kneginje Ljubice 5, 11000 Belgrade, Serbia

www.zis.gov.rs