The High Council of Chambers, appointed by RED.es as Service Provider for Extrajudicial Dispute Resolution for .es domain names, provides this service through the Spanish Court of Arbitration, in collaboration with the Asociación Nacional para la Defensa de la Marca (ANDEMA) (the National Association for the Protection of Brands).

What is a domain?

By Domain Name that name that is assigned to one or more IP addresses for easy identification means . Also commonly used in URLs to identify particular Web pages.

Every domain name has a suffix that indicates which domain belongs. Some of the most important domains are ” .com” (commercial entities) , “.edu” (educational institutions) .

Each country has an ending that identifies the requested address actually belongs to that country, serving as an example of Spain , where the ending is “.com”.

Service Provider Conflict Resolution
The Superior Council of Chambers has been one of the accredited providers , with the collaboration of the Spanish Court of Arbitration and the National Association for the Defence of Trademarks ( ANDEMA ) .

The only additional provision of the National Domain Name Plan under the code corresponding to Spain (“es”) , (hereinafter the “National Plan”) , approved by Order ITC / 1542/2005 , to May 19 published in the BOE of 31 May 2005 and the Sixth Additional Provision , paragraph 8, of the Law 34/2002, of July 11, Services Information Society and Electronic Commerce , expect RED.ES as Assignment Authority names “.es “establish a system of dispute resolution , in order to settle disputes that may arise on the registration of a domain name under “.com” between the holder thereof and a third party would claim legitimate interest on it.

On November 7, 2005 , Red.es approved the Rules of Procedure for dispute resolution for domain names under the code corresponding to Spain (“.com”) country, which states in Article 3 that the procedure dispute resolution shall be conducted before a provider of dispute resolution accredited by Red.es and selected by the Applicant.

Based on the above and after publication on the website of ESNIC, https://www.nic.es/index.html, accredited suppliers, once signed the contract between the public company Red.es and the same , may substantiate claims that aim some controversy affecting the names ” .com ” domain .

Dispute Resolution Procedure

The method of dispute resolution , is the system of dispute resolution in which the parties present evidence and arguments to a neutral third party , the expert, which has the power to give a binding decision based on objective standards.

The neutral third party, the expert will be appointed by the Service Provider , being, in this case, the Superior Council of Chambers responsible for the designation.

The system is based on the following principles:

• You must provide effective protection against name registration speculative or abusive .
• It is understood that there is a record of speculative or abusive domain where the owner has registered the same without rights or legitimate interest on it and has been registered and is being used in bad faith.

They are testing Registration Using the Domain Name in bad faith when :

1. The Respondent has registered or acquired the domain name primarily for the purpose of selling, renting or lease any domain title Plaintiff having Previous Rights or to a competitor of that , for a certain value that exceeds the documented cost is directly related to the domain name
2. The Respondent has registered the domain name in order to prevent the holder of rights Previous use the same through the domain name, provided that the defendant has developed such activity ; or
3. The Respondent has registered the domain name primarily for the purpose of disrupting the business of a competitor
4. demanded by using the domain name has intentionally attempted to attract for commercial gain, Internet users to your website or any other, creating a likelihood of confusion with the identity of the applicant as to the source , sponsorship, affiliation, or endorsement of your website or product or service listed on your website

5. The defendant has carried out similar acts prior to the detriment of the plaintiff.

• Participation in the system of conflict resolution shall be binding on the holder .
• The assignment authority may accredit providers to deliver the service , based on proportionate, objective, transparent and non-discriminatory conditions to ensure their qualifications and experience in the field of dispute resolution . The assignment authority maintained in its website the list of accredited suppliers.
• The results of the resolution shall be binding on the parties and the assigning authority , unless court proceedings are initiated within 30 calendar days from the notification to the parties.
• The person or entity that has encouraged the initiation of the procedure, have preference for obtaining the domain name, if you apply in the period stipulated in the rules of procedure.
• The extrajudicial dispute resolution system will ensure the parties concerned the right process and shall be without prejudice to any legal action that the parties can exercise.

Who can apply conflict resolution ?

In those cases where a holder considers that boasts having prior rights of a domain name ” .com ” already assigned , you can use the System Extrajudicial Conflict Resolution for domain names under the country code corresponding to Spain “.es “according to the provisions of the Rules of Procedure of Extrajudicial Conflict Resolution.
Any natural or legal person may initiate proceedings by filing the claim electronically to Supplier Center (via email to proveedoresolucionconflictos@cscamaras.es or FAX to the number 91 590 69 08 ) .

He shall testify why the registration of the domain name ” .com ” is speculative or abusive , and in particular:

• The reasons why the name ” .com ” domain is identical or similar to the point of causing confusion with another term to which the Plaintiff alleges to have previous Rights; and
• The reasons why it should be considered that the Respondent has no rights or legitimate interests in the domain name or names subject of the application ; and
• The reasons why it should be considered that the domain name has been registered and is being used in bad faith.

How to apply for the initiation of the procedure ?

In any case, the procedure must be called by filing a writ of summons in electronic format to Supplier Center (via email to proveedoresolucionconflictos@cscamaras.es or FAX to the number 91 590 69 08 ) .

Any natural or legal person may initiate proceedings by submitting three printed and / or electronic format to the Supplier and to Red.es copies must contain the same all the requirements established in Article 13 of the Rules of Procedure Resolution extrajudicial conflict .

List of Experts:

1. Agustinoy Guilayn, Albert
2. Aparicio Salom, Javier
3. Bercovitz Rodríguez Cano, Alberto
4. Cremades Sanz-Pastor, Bernardo
5. Davara Rodríguez, Miguel Ángel
6. De Larramendi Martínez, Luis Hernando
7. Delgado Acedo, Manuel
8. De Miguel Muñoz, Jaime
9. Ecija Bernal, Álvaro
10. Embid Hernández, Mª Ángeles
11. Espín, Rosa
12. Fernández López, Juan Manuel
13. Ferrándiz Avendaño, Pablo José
14. García Plaza, Julian
15. García Vidal, Ángel
16. Lema Devesa, Carlos
17. Miralle Miravet, Sergio
18. Moreno-Torres, Manuel
19. Moscardó Morales-Vara de Rey, Miguel
20. Otero Lastres, José Manuel
21. Rubio Velázquez, Raúl
22. Serna y Fernández de la Torre, Tomás F.
23. Silva Saenz de Buruaga, María
24. Zuazo Araluze, Alexander

Who grants domain names ?

The ESNIC is the competent authority for the management of the Register of Internet domain names under the country code ” .com ” according to the procedures of ICANN (Internet Corporation for Assigned Names and Numbers ) .

The ESNIC , Red.es department applies the basic principles that have been developed at the National Domain Name Plan , adopted in March 2003. Among its basic functions , highlights the domain name registration in DNS (Domain Name Service ) second level under ” .com ” and the third level under ” .com.es “, ” .nom.es “, ” .org.es “, ” .gob.es ” and ” .edu.es “.

What is Red.es ?

The Red.es public company under the Ministry of Industry , Tourism and Trade through the Ministry of Telecommunications and Information Society , is legally entrusted with a series of functions to contribute to the development of telecommunications and information society .

These features include:

• Management of Internet domain names .
• Observatory for Telecommunications and Information Society .
• Advice to the Central Government in the field of telecommunications and information society .
• Management of outreach and extension of telecommunications and information society .
• Support to the competent bodies of the General State Administration.
• Developing a basic communications infrastructure.

Article 55 of Law 14/2000 of December 29 , administrative fiscal and social order in which the amending Sixth Additional Provision of Law 11/1998 of 24 April , General of Telecommunications, expressly declared into force by Order Single Repeal of Law 32/2003 of November 3 , General of Telecommunications, attributed to the public company Red.es (hereinafter RED.ES ) , the role of promotion and development of the Company Information and management, as Assignment Authority , Registry of Internet Domain Names under the country code corresponding to Spain ” .com ” .

The only additional provision of the National Domain Name Plan under the code corresponding to Spain (” es” ) , (hereinafter the “National Plan”) , approved by Order ITC / 1542/2005 , to May 19 published in the BOE of 31 May 2005 and the Sixth Additional Provision , paragraph 8, of the Law 34/2002, of July 11 , Services Information Society and Electronic Commerce , expect RED.ES as Assignment Authority names “.es ” establish a system of dispute resolution , in order to settle disputes that may arise on the registration of a domain name under ” .com ” between the holder thereof and a third party would claim legitimate interest on it .

To this end, Red.es should establish an accreditation procedure based on proportionate, objective, transparent and non-discriminatory conditions to ensure the impartiality and independence of suppliers , in addition to their experience and qualifications in the field of dispute resolution.

Regulations

In regard to the legislation that governs in name ” .com ” domain , in Spain are:

Specific rules :

Order ITC / 1542/2005 , of 19 May , establishing the National Plan for Internet Domain Names under the code corresponding to Spain (” .com ” ) is approved

Order PRE / 1641/2005 , of 31 May , by which the new rates for the allocation and renewal of Internet domain names under the country code corresponding to Spain ( ” .com ” ) approved

Main rules apply :

Articles 16 and 17 of Law 32/2003 of November 3 , General of Telecommunications.

Definitions of “name” and “address” listed in Annex II of Law 32/2003 of November 3 , General of Telecommunications.

Related Legislation :

Sixth Additional Provision ( ” Entity Red.es ” ) of the Law 11/1998 of 24 April , General of Telecommunications.

Article 27.13 of Royal Decree 1651/1998 of 24 July, Regulation amending Title II of Law 11/1998 develops, of April 24 , General Telecommunications , approved with regard to interconnection and access to public networks and numbering .

Resolution of February 10, 2000 , the General Secretariat of Communications, which is designated by the State Organization of the Spanish Technical Network Television as the competent authority for managing the registry of Internet domain names under the country code corresponding to Spain

Royal Decree 164/2002 , of February 8 , amending the Statute of the Public Enterprise RED.ES approved

Eighteenth Additional Provision ( “Procedure for assigning domain names and addresses under the code corresponding to Spain (.es ) ” ) of Law 14/2000 of 29 December on Fiscal , Administrative Measures and Social Order , as amended by Article 70 of Law 24/2001 of 27 December , on Fiscal and Administrative Measures and Social Order

Article 9 (” Constancia registration of the domain name ” ) of Law 34/2002 , of July 11 , Services Information Society and Electronic Commerce

Sixth Additional Provision ( ” Systems allocation of domain names under the ” .com ” ) of Law 34/2002 , of July 11 , Services Information Society and Electronic Commerce

Article 34 (“Rights conferred by the mark ” ) of Law 17/2001 of December 7 , Trademark .

Sixteenth Additional Provision ( ” Bill domain names in the network” ) of Law 17/2001 of December 7 , Trademark

Instruction of the President of the Public Enterprise Red.es, of October 21, 2004 , by amending the Regulation of the Chairman of the Public Enterprise Red.es, to July 18, 2003 to develop procedures for the assignment and other operations associated with the registration of domain names under the ” .com ” .

Decision of the Director General of the Public Enterprise Red.es why the models statement , terms and payment of the fee for the allocation of limited resource of domain names and Internet addresses are approved.