CIRA Domain Name Dispute Resolution Policy

Version 1.3 (August 22, 2011)

§1 INTRODUCTION

1.1 Purpose.

  The purpose of this CIRA Domain Name Dispute Resolution Policy (the “Policy”) is to provide a forum in which cases of bad faith registration of domain names registered in the dot-ca country code top level domain name registry operated by CIRA (the “Registry”) can be dealt with relatively inexpensively and quickly.

1.2 Scope.

  The Policy sets forth the terms and conditions for resolution by arbitration of a dispute between a person (the “Registrant”) who has obtained the registration of a domain name in the Registry (the “Registration”) and any other person (other than CIRA or a CIRA certified registrar (a “Registrar”) acting in its capacity as Registrar) concerning the registration of the domain name. For the purposes of this Policy, “domain name” means the domain name excluding the “dot-ca” suffix and the suffixes associated with all third and fourth level domain names accepted for registration by CIRA.

1.3 Rules.

  A dispute resolution proceeding initiated under the Policy (a “Proceeding”) is also subject to the CIRA Dispute Resolution Rules (the “Resolution Rules”).

1.4 Eligible Complainants.

  The person initiating a Proceeding (the “Complainant”) must, at the time of submitting a complaint (the “Complaint”), satisfy the Canadian Presence Requirements for Registrants (the “CPR”) in respect of the domain name that is the subject of the Proceeding unless the Complaint relates to a trade-mark registered in the Canadian Intellectual Property Office (“CIPO”) and the Complainant is the owner of the trade-mark.

1.5 Dispute Resolution Service Provider.

  All Proceedings will be administered by a dispute resolution service provider approved by CIRA (the “Provider”).

1.6 Role of CIRA.

  CIRA will not participate in any way in any Proceeding other than as expressly provided in the Policy and the Resolution Rules.

1.7 Alternative Proceedings.

  The availability of a Proceeding pursuant to the Policy will not prevent either the Registrant or the Complainant from submitting a dispute between them to a judicial or administrative proceeding, arbitration, mediation or any other procedure at any time for independent resolution. However, unless otherwise agreed among the Complainant, the Registrant and the Provider, neither the Complainant nor the Registrant will take any action to cause or permit the provisions of any foreign or domestic legislation relating to arbitration of disputes to apply to the conduct of any Proceeding.

1.8 Amendments.

  CIRA reserves the right to amend the Policy at any time. Any amended Policy will become effective thirty (30) calendar days after the amended Policy is posted on CIRA’s website. The version of the Policy in effect at the time a Proceeding is initiated will apply to the Proceeding.

1.9 Commitments by Complainant.

  By initiating a Proceeding, the Complainant:

The information on this website is for general information purposes only. Nothing on this website should be taken as legal advice for any individual case or situation. This information is not intended to create, and its receipt or viewing does not constitute, a solicitor-client relationship.

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