How to Resolve Disputes of Registration and Usage of the National Domain Name?
Information technology disputes are disputes arising in information technology application and information technology development activities, including the disputes over the registration and usage of the national domain name “.vn”.
Domain names are names used to identify addresses on the Internet. Domain names are usually named after enterprises, trademarks, services, products, copyrights and geographical indications to facilitate the promotion of businesses, trademarks, goods and products.
Basis for settling disputes over domain names at the request of the plaintiff: the domain name under dispute is identical or similar to the domain name of the plaintiff, identical or similar to a trademark or brand name; the defendant has no lawful right or interest related to the domain name; the defendant leases out or transfer the domain name to the plaintiff who owns the brand name or trademark that is identical or confusingly similar to the domain name; leases out or transfer the domain name to the competitor of the plaintiff for self-seeking purposes or for illicit profits; the defendant appropriates the domain or prevents the plaintiff who owns the brand name or trademark that from registering the corresponding domain name for unhealthy competition; the defendant uses the domain name to tarnish the reputation of the plaintiff, obstruct the business of the plaintiff, or cause confusion and destroy the trust of the public in the brand name or trademark of the plaintiff for unhealthy competition; other cases in which the defendant is proved that his or her using the domain name violates lawful rights and interests of the plaintiff.
The defendant is considered to have lawful rights and interests related to the domain name if one of the conditions below is satisfied: it is proved that the domain name or the corresponding name is used or intended to be used for the provision of real products or services before the dispute arises; the domain name is known by the public though without trademark; the domain name is being used legitimately for non-commercial purposes or does not cause confusion, which affects the brand name or trademark of the plaintiff; there is evidence for the legitimacy of the domain name of the defendant.
Disputes over the registration and use of “.vn” domain names shall be settled through negotiation and conciliation, mediation, arbitration; filing lawsuit at court.
The parties may conduct conciliation before or during the proceedings. Procedures for conciliation before or during the course of legal proceedings comply with the provisions of law. In case the parties can reach an agreement on the settlement of disputes, the parties must prepare a Minutes of successful conciliation in accordance with the law and this Minutes must be sent to the “.vn” domain name registrar or Vietnam Internet Network Information Center as a basis for settling disputed domain names.
Besides, the parties may choose arbitration to resolve domain name disputes arising in commercial activities. Procedures for resolving domain name disputes arising from commercial activities at arbitration centers shall comply with the provisions of law.
The parties may request the competent People’s Court to resolve domain name disputes in civil relations and commercial activities. Procedures for resolving domain name disputes in civil relations or commercial activities at the People’s Courts shall comply with the provisions of the Civil Procedure Code 2015 and relevant laws.
In case of successful conciliation in accordance with the law on conciliation; arbitral awards and decisions according to the law on arbitration;court judgments and decisions clearly state that the disputed domain names are withdrawn, allowing the plaintiffs to register their usage, the judgment creditors (who are the plaintiffs in the dispute settlement cases) will be given priority for registration in the term of 45 days from the date the document, decision, judgment or judgment takes legal effect. After this period, the domain name will be free to register.
The registration and usage of Vietnam national domain name “.vn” is carried out on the principle of equality, non-discrimination and first use right when registering early. Therefore, enterprises and organizations should pay attention to early registration of relevant domain names to avoid disputes over domain names. Litigation and dispute resolution lawyers in Vietnam could be consulted for advice if requested.