Characteristics

Internet address Dispute Resolution Committee The IDRC proviedes time-and cost-efficient service to resolve domain name disputes
  • Basis of dispute resolution
  • To settle disputes concerning domain names, you may request the Internet Address Dispute Resolution Committee for the mediation of disputes pursuant to Article 18 of the Act on Internet Address Resources, its Enforcement Decree, and the Detailed Rules for the Mediation of Internet Address Disputes.

Main Characteristics of Dispute Mediation

Main Characteristics of Dispute Mediation
Related basis Act on Internet Address Resources Enforcement Decree of the Act on Internet Address Resources Detailed Rules for the Mediation of Internet Address Disputes
Proceedings Proceedings may be initiated without the consent of the respondent.
Validity of decision When a respondent fails to file a lawsuit with a competent court against the complainant within 15 days of the date the decision is delivered to the respondent or fails to request for mediation based on an agreement between the parties, the complainant may request the Committee to enforce the decision after the mediation panel decides on transfer or cancellation.
Composition of panels one-mediator or three-mediator Panel (as opted for by the parties)

Types of dispute mediation decision

Cases wherein a domain name or an Internet address can be transferred or cancelled by a mediation decision

  • When the use of a respondent's domain name infringes trademarks or service marks registered in Korea in the name of a complainant
  • When the use of a respondent's domain name causes confusion with the complainant's goods or business, which are/is widely recognized in Korea
  • When the use of a respondent's domain name damages the complainant's identity or the reputation of a name, a title, a logo, or a trademark that is well-known in Korea
  • When the registration, possession, or use of a respondent's domain name is intended to obstruct the registration or use of a legitimate owner's domain name or to obtain illegitimate gains, including sale or lease of name, title, logo, or trademark to those who have any legitimate source of right

Cases wherein a mediation request may be dismissed

  • When the complainant's claims are not supported by justifiable reasons
  • When the respondent's domain name is identical to the name, title, trademark, service mark, or trade name for which the respondent has a legitimate source of rights, or when the respondent has legitimate right to or advantage in the registration or use of the domain name, though it may be transferred or cancelled based on a mediation decision