By submitting an application for the registration of a domain and by maintaining the registration, the Registrant submits to the decision of the Alternative Dispute Resolution Forum (Registration Decision Maker).
Thus, once a domain has been delegated, a complaint can be lodged with the Alternative Dispute Resolution Forum. The advantage of this procedure is that it is much quicker than the court procedure, but of course it does not preclude someone from going to court either instead of or after the procedure of the Registration Decision Maker.
The language of the Procedures
The language of the Alternative Dispute Resolution Forum is Hungarian, and submissions to the proceedings by any party can only be made in Hungarian.
If an annex is in a foreign language, a simple translation must also be attached – failure to do so may result in the evidence being disregarded.
Who can complain about a registered (delegated) domain?
After the registration of a domain name, the revocation or transfer of the domain name from the requested domain holder may be initiated by initiating the Procedure of the Registration Decision Maker by the person who has the right to use the name.
The rules governing the procedure of the Registration Decision Maker are set out in the Domain Registration Policy, the ADRF Rules of Procedure and the Dispute Resolution Rules of Procedure, but the most important information about the procedure is set out below.
When does the Registration Decision Maker decide whether to revoke a domain name?
According to the Domain Registration Policy, the Alternative Dispute Resolution Forum shall order the domain name to be revoked or transferred to the Complainant if the application/use of the domain name is in breach of the Domain Registration Policy.
The application/use of a domain is in breach of the Domain Registration Policy, in particular if:
- the domain name is, at the time of its application, identical with or confusingly similar to a name which, in favour of the complainant, is protected by an applicable Hungarian or Community law, or
- the use of which the complainant is entitled to use under Hungarian or Community law (including, inter alia, trade marks), and where:
- the Complainee has applied for the domain name without having any right or legitimate interest in the name/designation; or
- Complainee has applied for the name in bad faith or is using the name in bad faith.
What is the fee for the procedure of the Registration Decision Maker and who pays it?
The fee is to be paid by the Complainant, except the below mentioned eventual differential fee.
|Registration Decision Maker procedure
|Procedural fee with 1 arbitrator, 1 domain
|Procedural fee with 1 arbitrator, per domain starting from the 2nd domain
in the same procedure4
|Procedural fee with 3 person arbitration panel for 1 domain
|Procedural fee with 3 person arbitration panel, per domain starting
from the 2nd domain in the same procedure4
|Differential fee for 1 domain5
|Differential fee for starting from the 2nd domain4,5
1 For Hungarian entities, the fees are subject to 27% VAT.
2 For non-Hungarian entities only.
4 Eligibility for a discount may vary depending on the number of domains included in a procedure, so 2-10 domains will qualify for a 50% discount per domain, 11 domains and above will qualify for a 100% discount.
5 If the Complainant has initiated a one person Registration Arbitration procedure, but the Complainee requests a 3 person arbitration panel, this amount is to be paid by the Complainee.
In the procedure of the Registration Decision Maker, one or three arbitrators (one rapporteur and two voters) act. If the Complainant requests three arbitrators, it must indicate this in its complaint. If the Complainant has requested one arbitrator to act but the Complainee requests three arbitrators to act, the Complainee must indicate this in its reply and pay any difference in fees associated with this request.
How does the procedure of the Registration Decision Maker work?
- Following the registration of a domain name, the revocation or transfer of the domain name from the Registrant may be initiated by initiating the Procedure of the Registration Decision Maker by the person who has the right to use the name.
- The Complainant may submit a complaint through the Integrated Complaint Handling System.
- The Complainee must state what right it has to the use of the domain name in question (the Complained Domain Name), such as trademark, trade name, company name, business identifier, copyrighted name, etc., and why the use of the Complained Domain Name by the Complainee infringes the Complainant’s right or legitimate interest.
- The Complaint may also explain why the Complainant (i.e. the current registrant) does not have a right or legitimate interest in the requested domain name, and why the use of the Requested Domain Name is unlawful or in bad faith.
- It is advisable to attach evidence in electronic form to the application, e.g. a certificate of trademark entitlement.
- The ADRF shall notify the Registry of the lodging of the complaint, which shall suspend the possibility of deletion and transfer of the domain name concerned pending the outcome of the dispute resolution procedure and any subsequent court proceedings.
- The Complainee is entitled to file a reply within 30 days of the date of service of the complaint.
- The decision shall be a resolution of a one-person arbitration procedure or reflecting the majority opinion of a three-person arbitration procedure, which may reject the application or to revoke the domain from the Complainant. In the latter case, the domain may be transferred to the Complainant, provided that the Complainant has requested this and complies with the general conditions for domain applicants in the Domain Registration Policy, in which case only the Complainant may submit a domain delegation request for a period of 60 days. After the 60-day grace period, the domain name becomes available for application by anyone.
- If the Alternative Dispute Resolution Forum decides that the complaint is well-founded, the Registry will implement the decision within 30 days of its notification. If, within the 30-day period from the date of service of the notification of the decision, the Registry confirms that it has brought legal proceedings against the other party in respect of its use of the domain, the Registry shall suspend the enforcement of the decision. In the event of failure to bring or confirm the bringing of such proceedings or in the event of notification of a final court decision not substantially contrary to the decision, the Registry shall enforce the decision.