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PORTUGAL - New rules regarding the registration of domain names to come into force in July 1, 2010
On June 2nd, 2010 the FCCN (the Portuguese DNS managing body) has made public that a new set of rules regarding the registration of domain names under the ccTLD.pt will come into force on July 1st, 2010.
The main features are:
1. Domain names .pt should match with a registered word trademark (national, community or international trademark designating Portugal).
Currently registrations of domain names .pt may be filed based upon trademark applications - word marks or figurative marks.
After the entry into force of the new rules, the domain names under .pt must fully match with a registered word trademark (national, community or international registration designating Portugal).
This change will reinforce protection to prior trademark rights in relation to domain names although the process of registering domain names .pt will become more time-consuming.
2. Domain names .com.pt and org.pt
As a way to fight cybersquatting (abusive domain names registration), the current rules establish that domain names .com.pt are not assignable to third parties. With the entry into force of the new rules, domain names .com.pt become transferable.
On the other hand, domain name .org.pt could only be registered by nonprofit organizations. After July 1st, 2010, these domains are also available for registration by individuals.
3. Alternative dispute resolution - Arbitration
The new rules are sought to encourage arbitration as a form of alternative dispute resolution involving domain names.
The main advantages, which are usually associated to arbitration in respect of domain names, are the speed, the fact that the entire procedure is conducted electronically, the lower legal costs and the process being led by expert referees.
However, although an Arbitration Centre with expertise in this area has been recently established - ARBITRARE – one should emphasize that the new rules do not make arbitration or ARBITRARE mandatory for domain names disputes.
4. General changes
The administrative contact is eliminated. The “management company” will assume all administrative responsibilities, including the prerogative of voluntarily removing the domain names from the DNS (Domain Name System).
To ensure that the domain names become immediately active, the monitoring of compliance with the rules on the composition of domain names shall be carried out only after the registration is granted.
Such monitoring aims to ensure compliance with the rules on the composition of domain names, namely, the mismatch with words or expressions contrary to law, public order or morality and correspondence with names that would mislead or cause confusion to its ownership, namely by coinciding with third parties’ well-known trademarks.
15-06-2010
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