New framework for 1st level domain names
Further to a decision that ruled the proceeding of allocation of domain names against the Constitution of France, the allocation and the management of domain names for extension “.fr” must comply with the law. Indeed, a new legal framework for French domain names has been established by Law n° 2011-302 of March 22, 2011. The decree relating to the management of first level domain names (.fr / .re / .mq …) has been issued on August 3rd, 2011.
The purpose of domain names is to identify a website. In the domain name www.gevers.fr the last part “.fr” is called “the extension”. This extension is the subject of the new regulations. The registrar will no longer carry on an activity of registration and the management of domain names. In an effort to avoid possible conflict of interest both activities are now dissociated.
The principle according to which a domain name is allotted, for a limited period of time renewable without limit, to the first one who makes the request is maintained.
It is to be noted that as from December 31st, 2011, the extension “.fr” will be accessible to any entity or anyone having a legal existence in France.
The legal framework is implementing the following rules:
- The “first arrived first served” principle is confirmed;
- The domain name owner bears the responsibility for the choice of the domain name;
- The procedure to claim the cancellation or the transfer to its benefit of a domain name will be approved by the Secretary in charge for electronic communications;
- The prices and services offered by of the registry must be published;
- The list of domain names will be published daily;
- The law determines the methods of accreditation of the registrar who will manage the French extensions.
The regulations seem to increase the control of the government on the management of domain names. For example, it is now mandatory for the registry to report without delay domain names that are obviously illicit to the Secretary in charge for electronic communications.
AFNIC is in charge of drafting the proceedings of alternative dispute resolution of domain names in “.fr.”. Meanwhile, until approbation of the proceedings by the Secretary of Economy, WIPO and AFNIC have suspended all procedures since April 15 and May 15, 2011 respectively. In the meantime there is no other remedy to challenge a domain name with a “.fr” extension than to bring an action with the competent court or to file an online request of mediation with the Mediation and Arbitration Center of Paris (CMAP ).
Regarding the alternative dispute resolution AFNIC has announced a “fast, cheap and effective procedure”. The new rules will allow any person showing an legitimate interest, to request the cancellation or the transfer to its benefit of a domain name when it has not been attributed along the conditions set forth. All decisions should be rendered within two months after a contradictory proceeding. The decision can be appealed in Court.
The domain names likely to offense an intellectual property right or the personality of someone, of a country ot territory will be refused or cancelled unless the applicant justifies of a legitimate interest and have acted in good faith.
For domain name owners there will be little change. The law clearly states they are responsible for their domain names. As before a prior trademark will prevail over a domain names. As a precautionary measure a clearance search among trademarks, company names or trade manes should be conducted before adopting a domain name.
Author: Anne Desmousseaux - Publisher: Managing IP
