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FAQ

Internet address Dispute Resolution Committee The IDRC proviedes time-and cost-efficient service to resolve domain name disputes

FAQ for KR-DRP FAQ for ADNDRC UDRP

QOn what grounds can an administrative proceeding in regard to a dispute in connection with a registered gTLD domain name be based?: Answer : Paragraph 4(a) Uniform Domain Name Dispute Resolution Policy (UDRP) states that the Complainant commencing an administrative proceeding in connection with a registered gTLD domain name must prove the following:-

1. the gTLD domain name in question is identical or confusingly similar to a trademark or service mark to which the Complainant has rights; and

2. the person or company who is the registered holder of the gTLD domain name in question has no rights or legitimate interests in respect of the domain name; and

3. the registered gTLD domain name in question has been registered and is being used in bad faith.

It should be noted that in order to succeed in an arbitration proceeding under the Uniform Domain Name Dispute Resolution Policy (UDRP), it is necessary for the Complainant to prove that all three (3) elements are present.
QWhat constitutes "bad faith" in connection with the registration and use of a registered gTLD domain name?: Answer : Answer : Paragraph 4(b) of the Uniform Domain Name Dispute Resolution Policy (UDRP), gives the following as examples of evidence of the presence of bad faith, it being important to note that these are examples and are indicative only and are not limitative:-

1. circumstances indicating that the person or company who or which registered or acquired the .gTLD domain name in question did so primarily for the purpose of selling, renting or otherwise transferring the domain name to the Complainant who is the owner of the relevant trademark or service mark or to a competitor of that Complainant, for valuable consideration in excess of the registrant's documented out-of-pocket costs directly related to the domain name involved; or

2. the registrant registered the gTLD domain name in question in order to prevent the owner of the relevant trademark or service mark from reflecting the mark in a corresponding domain name, provided that the registrant has engaged in a pattern of such conduct; or

3. the registrant registered the gTLD domain name in question primarily for the purpose of disrupting the business of a competitor; or

4. by using the gTLD domain name in question, the registrant intentionally attempted to attract, for commercial gain, Internet users to the registrant's web site or other on-line location, by creating the likelihood of confusion with the Complainant's mark as the source, sponsorship, affiliation, or endorsement of the registrant's web site or location or of a product or service on the registrant's web site or location.

The final decision as to whether bad faith is present or not is left to the determination of the Panel dealing with the administrative proceeding in question.
QWhat is the role of the Asian Domain Name Dispute Resolution Centre (ADNDRC) in the dispute resolution process regarding gTLD domain names?: Answer : The Asian Domain Name Dispute Resolution Centre (ADNDRC) has been appointed by the Internet Corporation for Assigned Names and Numbers (ICANN) as one of four (4) dispute resolution providers in the world and the only one in Asia for disputes involving gTLD domain names. As such, the ADNDRC, through one of its four offices (Beijing, Hong Kong, Kuala Lumpur or Seoul) administers the administrative proceedings brought under the Uniform Domain Name Dispute Resolution Policy (UDRP) in accordance with the Uniform Domain Name Dispute Resolution Policy Rules of Procedure and the ADNDRC's own Domain Name Dispute Supplemental Rules.
QWhat are the steps in the administrative proceeding process in regard to a dispute involving a gTLD domain name?: Answer : Generally speaking, the steps are as follows:-

1. The Complainant files a Complaint with the one of the four offices (Beijing, Hong Kong, Kuala Lumpur or Seoul, at the choice of the Complainant), of the Asian Domain Name Dispute Resolution Centre (ADNDRC);

2. The relevant office of the ADNDRC notifies the registered holder of the gTLD domain name in question of the Complaint and sends a copy of the Complaint to the registered holder;

3. the registered holder of the gTLD domain name in question files a Response;

4. the relevant office of the ADNDRC selects the Panel of one or three persons, as the case may be, which will conduct the administrative proceeding in respect of the disputed gTLD domain name and which will make a determination in regard to the dispute;

5. the Panel conducting the administrative proceeding renders its Decision;

if the Decision of the Panel conducting the administrative proceeding requires that the gTLD domain name in question be cancelled or transferred, the Decision is implemented.
Also see the Flow chart of Proceedings.
QHow long should a gTLD adminitrative proceeding take?: Answer : The administrative proceedings process should under normal circumstances take less than 60 days from the date a Complaint is duly filed with the Asian Domain Name Dispute Resolution Centre (ADNDRC) until the Parties and the relevant Registrar are notified of the Decision of the Panel conducting the administrative proceedings.
QWhat is the language of a gTLD administrative proceeding?: Answer : Paragraph 11 of the Uniform Domain Name Dispute Resolution Policy Rules of Procedure states that unless otherwise agreed between the Parties, or otherwise specified in the Registration Agreement, the language of the administrative proceedings shall be the language of the Registration Agreement, subject always to the authority of the Panel conducting the administrative proceeding to determine otherwise, having regard to all the circumstances of the administrative proceeding in question. In addition, a Panel conducting an administrative proceeding may order that any documents submitted in a language other than the language of the administrative proceeding shall be accompanied by a translation in whole or in part into the language of the administrative proceeding.
QIs it necessary for a Party against whom a Complaint in respect of a gTLD domain name has been filed with the Asian Domain Name Dispute Resolution Centre (ADNDRC) to respond?: Answer : Yes. Under the terms of the Registration Agreement between the Registrar and the registered holder of a gTLD domain name, the latter agreed to participate in any administrative proceeding commenced in respect of the gTLD domain name in question.
QHow is a Decision of a Panel in respect of a gTLD domain name administrative proceeding carried out?: Answer : Paragraph 4(k) of the Uniform Domain Name Dispute Resolution Policy states that if a Panel which conducts a gTLD domain name dispute administrative proceeding decides that a gTLD domain name registration should be cancelled or transferred, the Registrar will wait ten (10) business days (as observed in the location of the principal office of the Registrar) after the Registrar is informed by the relevant Office of the ADNDRC of the Panel's Decision before implementing the Decision. The Registrar of the domain name in question will implement the Decision, unless it receives from the domain name holder (the Respondent) during the ten (10) business day period, official documentation (such as a copy of a complaint, file-stamped by the clerk of the relevant court) that the domain name holder (the Respondent) has commenced a lawsuit against the Complainant in a jurisdiction to which the Complainant has submitted in accordance with Paragraph 3(b)(xiii) of the Uniform Domain Name Dispute Resolution Rules of Procedure. If the Registrar receives such documentation within the said ten (10) business day period, the Registrar will not implement the Panel's cancellation or transfer Decision, and the Registrar will take no further action, until the Registrar receives (i) evidence satisfactory to it of a resolution between the Parties; (ii) evidence satisfactory to the Registrar that the domain name holder's (the Respondent's) lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing the domain name holder's (the Respondent's) lawsuit or ordering that the domain name holder (the Respondent) does not have the right to continue to use the domain name in question.
QWhat are the differences between a Korean domain name (Korean.kr) and a keyword service?: Answer : A keyword service is an Internet link service that links with any linked or preset domain name or URL when a user enters Korean or Roman characters and/or numbers in the address space.
A keyword service is an Internet service that can be used in an Internet environment where a specific (plug-in) program is installed. It cannot be an Internet address under the Act on Internet Address Resources. Therefore, you should contact the relevant service provider for any dispute related to a keyword service.
A (Korean language).kr means a domain name.kr that includes Korean characters as well as Roman characters, numbers, and hyphens (-). (Ex.: 인터넷주소분쟁조정위원회.kr)
To resolve or settle a dispute related to a Korean language domain name, you may request for mediation by the Internet Address Dispute Mediation Committee or file a lawsuit with a court of law.
QWhat is cyber-squatting?: Answer : Cyber-squatting means an act of occupying a domain name ahead of others to speculate or sell the domain name. In other words, it is a malicious speculating act (hoarding) of a domain name.
QWho should shoulder the dispute mediation fees?: Answer : As a rule, the claimant should shoulder the dispute mediation fees. When the claimant has opted for a one-mediator panel (800,000 won, exclusive of VAT), but the respondent opts for a three-mediator panel (1,600,000 won, exclusive of VAT), however, the claimant and the respondent should equally share the difference (800,000 won, exclusive of VAT).
QHow are the request and a reply prepared and submitted?: Answer : The request and a reply should be prepared using the form provided the Committee. It can be downloaded from the Committee’s website (www.idrc.or.kr). The prepared request and reply should be submitted by post or e-mail (kidrc@kisa.or.kr) or through the Online Dispute Mediation System.
QHow much time is required for dispute mediation?: Answer : It usually takes two to three months.
QWhat are the merits of dispute mediation by the Internet Address Dispute Mediation Committee?: Answer : It has merits such as efficiency, expertise, neutrality, and confidentiality.
Efficiency: Dispute settlement through litigation at the court of law takes a long period and incurs considerable expenses. On the other hand, the uncertainty of a case under dispute may be overcome in a short period of time since the Committee can settle the dispute within a short period of time.
Expertise: Mediation is reached by reflecting expertise in the field of domain names since the dispute is settled by experts (justices, lawyers, patent attorneys, public prosecutors, university professors, etc.)
Neutrality: Mediation seeks to render neutral and fair decision by excluding mediators who have vested interest in the case.
Confidentiality: The disputed domain name and parties are kept confidential.
QWhat are the differences between one-mediator and three-mediator panels?: Answer : In case of a three-mediator panel, a mediation decision is reached by collecting opinions among three mediators. In contrast, one mediator makes a decision in case of a one-mediator panel. A three-mediator panel reaches a decision based on majority vote. Any dissenting opinion is also indicated in the decision.
The parties opt for either a one-mediator or a three-mediator panel.

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