in South Africa
22 November 2006
The establishment of an alternative domain name dispute resolution forum and
processes were given impetus with the signing of the .za domain name
Alternative Dispute Resolution (ADR) Regulations by Minister of Communications
Dr Ivy Matsepe-Casaburri.
The original draft Regulations were issued for public comment in 2005,
emanating from the Electronic Communications and Transactions Act. The
Alternative Dispute Resolution Regulations provide guidelines, rules and
procedures for the resolution of domain name disputes under the .za domain, and
sets out fee structures for the adjudication of disputes.
The Regulations also provide for the accreditation of domain name dispute
resolution service providers by the .za Domain Name Authority (.zaDNA), in
terms of Chapter IV of the Regulations. Following the promulgation of the
Regulations .zaDNA will release an invitation to service providers to apply for
accreditation. The accredited dispute resolution service providers will select
adjudicators to decide disputes. All accredited dispute resolution providers
will be published by. zaDNA, which will also make an announcement once the
process is open to dispute resolution.
Areas covered by the regulations include intellectual property rights,
commercial, cultural, linguistic, religious and personal rights in relation to
domain names, protected under South African law. The regulations allow a
complainant to request dispute resolution where the complainant can prove that
he or she has rights to a name or mark that is identical or similar to a domain
name that was registered by someone else. It furthermore allows dispute
resolution over domain names that constitute abusive or offensive
registrations.
The lack of Alternative Dispute Resolution Regulations has been cited in the
industry as hampering e-commerce, and left aggrieved parties with no
alternative but to litigate in Court, at a high cost, to get a domain name
back.
The regulations were developed in consultation with the Department of Trade
and Industry, and is at this stage only applicable to domain names registered
in the. co.za second level domain.
The regulations have been published on 22 November 2006 in Government
Gazette 29405 and are available from the government printers and the
department's website, https://www.doc.gov.za.
Media enquiries:
Albi Modise
Cell: 083 490 2871
ADR enquiries:
the .za Domain Name Authority
Vika Mpisane
Tel: (011) 275 0082
Cell: 082 880 7513
Mike Silber
Cell: 082 773 1288
E-mail: adr@zadna.org.za
Website: http://www.zadna.org.za/adr
Issued by: Department of Communications
22 November 2006
