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How is a Proceeding initiated?
The Complainant initiates a Proceeding by submitting a complaint on
the Respondent's registration and/or use of a domain name to the
Provider. The Complainant then pays the Provider the necessary fees,
following which the Provider sends the complaint to the Respondent.
The Respondent in turn submits a response to the Provider. The
response must specify why the Respondent should be allowed to keep
the registration and use of the domain name(s). The Complainant may
reply to the response, after which a Panel will be appointed to hear
the Proceeding. Please see Process Flow for full
details.
What language(s) are Proceedings conducted in?
Proceedings are conducted in either Bahasa Melayu or English. The
Panel however, will accept any evidence in languages other than the
above, as long as it is accompanied by a duly certified translation
of the evidence in either language.
Can a Respondent transfer registration of the domain name to a third
party during a Proceeding or other dispute resolution process?
The registration of a domain name is essentially "frozen" during the
dispute resolution process. (Please refer to paragraph 17.1 of
MYDRP's Policy for further
details).
How does the Panellist system work?
The Complainant has a choice of having the Proceeding heard by
either a single-member or three-member Panel. The Panel decides a
Proceeding upon reviewing the documents and evidence submitted by
the Parties, the Policy and the Rules as well as any other rules and
principles of law applicable in
Malaysia. The Panel is not bound by previous decisions of other
panels. Click
here for details and a full
list of KLRCA Panellists.
What factors guide the panellists' decisions?
The panel decides the case based on these criteria contained in the
MYDRP:
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1. |
whether the domain name is identical or confusingly similar to a
trademark or service mark in which the complainant has rights;
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2. |
whether the respondent has any rights or legitimate interests in the
domain name (for example, the legitimate offering of goods and
services under the same name); |
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3. |
whether the domain name was registered and/or is being used in bad
faith. |
Does the Response or the Complaint have to be submitted by a lawyer?
No. While the assistance of a lawyer may be helpful, there is no
requirement that either the Response or Complaint be prepared or
submitted by a lawyer. |
