Domain names
30/04/2007

In terms of the Electronic Communications and Transactions Act, Act no. 25 of 2002, the Minister of Communications promulgated Alternative Dispute Resolution regulations in November 2006. The regulations, which have now come into force, relate only to domain names registered in the second level country code domain, .co.za.

The Alternative Dispute Resolution regulations are very similar to the dispute resolution policy enforced by Nominet, the Registrar in charge of the United Kingdom's .co.uk domain name space, although provision is made for certain potentially problematic issues which are typically South African. In this regard, objections to domain names can be based not only on abusive registrations (which would include typical commercial cybersquatting scenarios), but also offensive registrations (such as domain names which amount to hate speech, etc).

The Alternative Dispute Resolution regulations came into force on 1 April 2007 and, to date, provision has been made for 2 dispute resolution service providers, being the South African Institute of Intellectual Property Law (SAIIPL) and the Arbitration Foundation of South Africa (AFSA), to act as arbitrators.

Adams & Adams is pleased to report that 6 of its partners have been appointed as senior adjudicators on the SAIIPL panel.

By virtue of our extensive knowledge and experience in the field of intellectual property law, particularly in relation to domain name registration and disputes, we are ideally positioned to assist our clients in preparing and lodging complaints in terms of the new Alternative Dispute Resolution regulations. Please contact us at domain@adamsadams.co.za, should you have any queries.

April 2007