New dispute resolution and naming policy for .fr

01 February 2012

A new dispute resolution proceeding named SYRELI is entered in force on November 21st 2011.
Then, on December 6, 2011 the registration of .fr has been extended to all persons located in the European Union, Norway, Gibraltar, Iceland, Liechtenstein and Switzerland, new extensions have also been opened:

.re for Reunion Island
.yt for Mayotte
.pm for Saint-Pierre and Miquelon
.wf for Wallis and Futuna Islands
.tf for French Southern and Antarctic Territories

The SYRELI dispute resolution proceeding applies to all domain name extensions centralized by AFNIC that have been reserved or renewed after July 1st, 2011. It will apply to all domain names on July 1st, 2012.

The rules remain pretty similar to the previous one. When applying for a SIRELI proceeding the applicant must have a legitimate interest in acting against a domain name and prove the contested domain name is either

  • liable to disrupt public order or morality, or the rights guaranteed by the French Constitution or French law; or
  • liable to infringe intellectual property rights or personal rights, and that the owner has no legitimate interest and is acting in bad faith; or
  • identical or related to that of the French Republic, of a local authority or group of local authorities, of an institution or a local or national public service, and that the owner has no legitimate interest and is acting in bad faith.

The proceeding shall last two months starting the day the complain is filed. During the proceeding, the contested domain name is frozen. The decision is immediately enforceable despite the fact it can be appealed in Court.
In case of success of the complaint, AFNIC may transfer the domain name to the plaintiff or delete it. No damages can be claimed.
SYRELI provides a quick, affordable and extrajudicial solution for conflicts related to domain names centralized by AFNIC.

The naming policy has evolved. In its capacity as Registry AFNIC defines the conditions for allocating and managing domain names.
The rule according to which domain names are handled on a "first come, first served" basis, meaning that they are processed by chronological order of receipt remains.

There are a few major changes:

  • The domain names are available to all individuals or companies located in the European Union, Norway, Gibraltar, Iceland, Liechtenstein and Switzerland without need to own a registered trademark in France.
  • The opening of new extensions: .re .yt .pm .wf and .ft
  • The sub-extensions (.tm.fr, .asso.fr, .com .fr) will no longer be available. However, the domain names registered under these extensions before December 6, 2011 will be maintained.
  • Registrant of domain names residing outside the European Union who had registered domain names on the basis of a registered trademark in France will keep their registrations but will be encouraged to comply with the new rules of eligibility.

Author: Anne Desmousseaux - Publisher: Managing IP