Favourable changes to '.be' domain come into force

New terms and conditions for '.be' domain names will come into force on March 15. As previously reported in World Trademark Law Report (see '.be' dispute resolution to become cheaper), DNS .BE, the manager of the '.be' domain name, is implementing changes that favour trademark owners. The changes are as follows:

• Faster implementation of dispute resolution decisions: the submission to the alternative dispute resolution procedures does not prevent either the domain name holder or the complainant from submitting the dispute to a court of competent jurisdiction for independent resolution before, during or after those proceedings. Previously, if a third-party dispute resolution provider decided that the domain name registration should be cancelled or transferred, DNS .BE would implement that decision 30 days after being informed of the decision, except if the domain name holder had appealed the dispute resolution decision in due time. If the appeal procedure was started in time, DNS .BE would not take further action (while leaving the domain name on hold) until the appeal procedure had ended or had been cancelled. Under the new rules, DNS .BE would implement the decision 15 days after being informed of the decision.
  
  
• Partial recovery of dispute resolution costs for successful complainants: the dispute resolution fee must be paid in advance by the complainant. However, if the third-party dispute resolution provider concludes that the domain name registration needs to be struck out or transferred, DNS .BE shall repay half of these costs to the complainant.
  
  
• Partial responsibility for dispute resolution costs by cybersquatters: if the third-party dispute resolution provider concludes that the domain name registration needs to be struck out or transferred, DNS .BE shall reclaim the portion of the dispute costs repaid to the complainant from the domain name holder.

These changes in the '.be' terms and conditions reflect recognition by DNS .BE of the growing problem of cybersquatting in the '.be' domain. This recognition is best expressed in the following statement at the end of the terms and conditions:

"The potential financial loss for the domain name holder is the risk that the latter took for the speculative registration of domain names on which third parties have rights."

Marc Trachtenberg, Ladas Domains/Ladas & Parry LLP, Chicago