New rules for the registration of domain names with country code “ar”

The Resolution No 654/2009 (the “Resolution”) consolidated different pieces of legislation passed to date in a single legal norm. In particular, the Resolution incorporates the provisions regarding the registration of domain names with multilingual characters (Resolution No 616/2008), the registration of domain names with the extension “tur.ar” (Resolution No 904/2008) for travel agencies, and provisions regarding the limitation of the number of registered domain names that a single entity is authorized to own (Resolution No 203/2009). The Resolution also acknowledges regulates and creates administrative practices regarding protection of Intellectual Property against cybersquatting specially.

Regarding multilingual characters, the following have been approved by the Resolution: “á” ,“â”, “ã”, “à”, “é”, “ê”, “í”, “ ó”, “ô”, “õ “,“ú”, “ü” “ñ”  y “ç”.

The Resolution also restricts to 200 the maximum number of domain names that a single registrant entity can register, stipulating that those entities that have reached this limit cannot apply for the registration of additional domain names or for renewal of names over 200, or accept assignment of domain names from third parties. Exceptionally, NIC-Argentina may authorize a registrant entity that has reached such limit to apply for the registration of new domain names over 200, provided that the registrant entity shows a legitimate interest.

The Resolution also establishes that NIC-Argentina may cancel the registration of a domain name in the following cases:

a) when the domain name affects the rights of third parties who file an administrative request for the cancellation of such domain name;

b) when the registrant entity provides false information as to its identity and/or address upon filing the domain name; and

c) when there is an error in the registration, renewal and/or assignment of a domain name.

In addition, the Resolution maintains the one year term of validity of domain names as of the registration date, renewable for identical periods. If a domain name is not renewed upon expiration, NIC-Argentina will grant a 33 day grace period within which the domain name may be renewed. Upon expiration of the grace period, the domain name will be available for registration by third parties.

The most important amendment to the new rules refers to the implementation of an administrative procedure for dispute resolution regarding domain names. The Resolution grants NIC-Argentina the power to cancel the registration of a domain name when its use or registration affects third parties’ rights.

This new procedure establishes that an individual or a legal entity seeking the cancellation or recovery of a registered domain name must reasonably prove to have better rights in the domain name than the current owner. NIC-Argentina may request further evidence to solve the dispute if deemed necessary.

Once the claim is filed with NIC Argentina, and provided that Nic-Argentina finds there are sufficient grounds, then formal notification will be performed to the current owner of the disputed domain name, who will then have a 10-day term to file a reply and submit evidence.

After the reply is filed, or the term to do so expires, NIC-Argentina will render a decision. If NIC-Argentina is not able to determine who holds a better right to the domain name, formal notice will be served upon both parties who would then be free to resolve their dispute in the manner they consider best suited.

Finally, the Resolution states that in the event several claims are filed against the same domain name, NIC-Argentina would resolve the claim on a first-come first-served basis.

In our opinion, this new Resolution, particularly the administrative dispute resolution proceeding, will constitute an effective tool in the protection of trademark and other IP rights against domain name cybersquatting.