MYNIC launches domain name dispute resolution service
The Malaysian Network Information Centre (MYNIC), the registrar for the '.my' country-code top-level domain, has launched its Domain Name Dispute Resolution Policy Service (MYDRP Service). Four documents govern the service:
- MYNIC's Domain Name Dispute Resolution Policy;
- MYNIC's Domain Name Dispute Resolution Policy Rules;
- Regional Centre for Arbitration Kuala Lumpur's Supplemental Rules; and
- Regional Centre for Arbitration Kuala Lumpur's Schedule of Fees.
By registering a domain name in the '.my' domain space, the registrant subjects itself to the MYDRP Service. Likewise, a complainant who initiates a complaint against a registrant subjects itself to the service. Nevertheless, the parties can, by mutual consent, resort to other means of settling the dispute, such as through the courts or other dispute resolution processes.
Under the supplemental rules, MYNIC has appointed the Regional Centre for Arbitration Kuala Lumpur to be the service provider of domain name disputes resolution services. The centre makes available a list of administrative panellists, comprising professionals who are experienced in intellectual property and domain name issues. Parties to a dispute may select up to three panellists to decide their case.
MYNIC's dispute resolution policy provides that a complainant must establish two elements to obtain the transfer or cancellation of a domain name registration: (i) that the disputed domain name is identical or confusingly similar to a trademark or service mark in which it has rights, and (ii) that the registrant has registered or used the disputed domain name in bad faith. This suggests that the scope of MYNIC's policy is wider than that of ICANN's Uniform Domain Name Dispute Resolution Policy (see Paragraph 4).
Although no proceedings have yet been brought before MYNIC, it is expected that MYDRP Service complaints will be decided within three months of being filed.
Peggy Chooi, Raja Darryl & Loh, Kuala Lumpur
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