The World Intellectual Property Organization (WIPO), which administers conventions in the field of intellectual property, has made an agreements with the domain Administrators regarding the possibility of pre-trial settlement of domain name disputes.
If the domain is created exclusively for resale to the owner of the corresponding trademark; in order to give your resource for the resource of the trademark`s owner; in order to disrupt or affect a competitor’s business or to prevent the trademark owner from using such domain name, then in this case, the pre-trial Dispute-Resolution Policy procedure takes effect.
The trademark owner can apply with a complaint to WIPO. Further, the complaint will be considered with the participation of the owner of the trademark and the defendant - the owner of the domain.
If the complaint is considered substantiated, the domain may be blocked and / or transferred to the owner of the trademark.
The complete pre-trial Domain-Name Dispute-Resolution Policy rules for the ukrainian domains that are administrated by the "Hostmaster" Ltd. can be found here. For international domains, the rules are described here.
Eldar Polishchuk
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