Domain Dispute Resolution
The Minister of Communications declared ADR Regulations. This process has been regulated in close deliberation with the .za Domain Name Authority (zaDNA) and UniForum SA.
The ADR Regulations are presently only pertinent to all CO.ZA domain names.
What purpose do they serve?The ADR Regulations are expected to implement correct right holders with a useful and economical means of safeguarding their rights. It looks to harmonize this protection against the rights of the prevailing domain name Registrants, making arrangements for such issues such as reverse hijacking. How does this affect a domain registrant? It is highly imperative that you review and verify that your domain name contact details are valid and finished. Not only is this paramount for you to receive crucial notifications, such as invoices and suspension notices, it is also important because any notice of a Dispute will be sent to your listed email addresses. Should you fail to receive these essential notifications, you could surrender your domain name.
How is a dispute submitted?A dispute needs to be tabled to an Accredited ADR Provider. These organisations are accredited by the .za Domain Name Authority (ZADNA), and the precise process may vary from provider to provider. Precise measures can be acquired from each provider.
Who are the accredited dispute resolution providers?Presently, two providers have been accredited by ZADNA, namely:
The Arbitration Foundation of South Africa (AFSA) - www.arbitration.co.za
The South African Institute of Intellectual Property Law (SAIIPL) - www.domaindisputes.co.za
Will I need a lawyer to assist me?No. It should be viable for the lay person to submit and/or contend a dispute. Legal representation may, nonetheless, be advantageous.
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