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What domain name disputes can be settled in Malaysia?
Only disputes over .my country code top level domain
names can be settled through domain name dispute resolution
proceedings in Malaysia. This is because only .my
country code top level domain names can be registered in Malaysia
with the Malaysian Network Information Centre (MYNIC).
All .my domain name dispute resolutions are governed
by the
MYDRP, the Domain Name
Dispute Resolution Policy prepared by MYNIC. Other domain disputes
have to be settled through other organisations (Check the
ICANN site for leads).
How can .my domain name disputes be settled in Malaysia?
Through domain name dispute resolution proceedings (Proceedings).
However, parties are strongly encouraged to explore other dispute
resolution processes such as negotiations, mediation, or
conciliation before commencing a proceeding. Should the parties fail
to find resolution through a Proceeding or do not want to resolve
the dispute that way, the domain name dispute can be resolved before
a
Malaysian Court,
arbitration or through any other dispute resolution process. These
alternatives may be sought at any time, regardless of whether the
Proceeding has commenced, concluded or otherwise.
What role does MYNIC play in the dispute resolution process?
MYNIC does not play a role in the process other than to enforce the
decisions passed to MYNIC by the Provider in accordance with the
MYDRP.
What is a Provider?
A Provider is a body that offers domain name dispute resolution
services in accordance with the MYDRP Policy and Rules. The Regional
Centre for Arbitration Kuala Lumpur (RCAKL)
is the appointed Provider for .my domain name
disputes.
What role does a Provider play in the dispute resolution process?
A Provider will manage the entire domain name dispute resolution
process, including receiving all relevant documents from the
Complainant and Respondent, appointing the Panellists who will make
the decision in respect of a Complaint, and communicating with the
Complainant, Respondent and the Registrar (i.e. MYNIC).
How does the MYDRP work?
The
MYDRP is an administrative
process designed to provide simple, fast and affordable resolution
of .my domain name disputes. The MYDRP governs the
terms of a dispute between the Registrant (Respondent) of a
.my domain name and a third party (Complainant) over the
Respondent's registration and/or use of a domain name.
The Complainant must successfully prove (1) that the disputed domain
name is identical/similar to a trade or service mark of the
Complainant, and (2) that the Respondent registered and/or used the
disputed domain name in "bad faith". Then only will the registration
of the disputed domain name be transferred to the Complainant or
deleted or modified.
What does "bad faith" mean in the context of the registration/use of
a domain name?
Examples include registration or use of the domain name by the
Respondent to sell the domain name for profit to the Complainant, or
registration or use of the domain name to disrupt a competitor's
business.
The Respondent in turn, may defend his/her use of the domain name,
by establishing rights and legitimate interests in the domain name,
for example, the fact that the Respondent has been known by a name
identical or similar to the domain name prior to registering it. |