Last Update 20 August 2012. The most current .com.br domains dispute policy can be found at:
registro.br/dominio/saci-adm.html
REGULATION OF THE ADMINISTRATIVE SYSTEM OF CONFLICTS OF INTERNET
FOR A DOMAIN NAME UNDER. "BR" - NAMED SACI-Adm
Article 1. The Administrative System of Conflicts relating to Internet
domain names under. "br" - SACI-Adm - aims at the solution
disputes between the holder of the domain name. "br" (called
"Holder") and any third party (called the "Complainant") containing
the legitimacy of the domain name registration by the proprietor.
1: The SACI-Adm limit will determine the maintenance record,
transfer or cancellation.
2: The holder of the domain name object of the conflict to adhere
SACI-Adm through the contract signed for registering domain names
no. "br".
3: The SACI-Adm will be implemented by institutions previously
NIC.br approved by and duly accredited to apply their
Regulations approved by the respective NIC.br, which will be
always in accordance with this Regulation.
Article 2. The complainant shall select one of the accredited institutions and
ask the institution to the opening of the procedure
SACI-Adm, stating in his application:
a) name (s) domain object of the conflict and related research
Whois Registro.br (whois.registro.br);
b) name, email address and qualifications of the Parties;
c) the reasons and the documents proving the hypotheses described in
Article 3 of this Regulation and its legitimate interest in
the relationship (s) name (s) disputed domain object, and immediately
submit all arguments and documents that prove;
d) Name, qualification and e-mail the person who
represent the Complainant in the proceedings, if desired, and
document for such representation;
e) choice of the number of experts to decide the conflict, if
only one or three experts;
f) purpose of the request to initiate the procedure of the SACI-Adm: if
transfer or the cancellation (s) name (s) of the domain object
conflict;
g) indication whether you want to communicate the final decision of
procedure is conducted by mail or facsimile, as well as
electronics;
h) the existence of any other judicial or
extrajudicial who has started or ended with respect to (s)
name (s) domain object of the conflict.
§ 1: The Complainant shall submit with your Application
the following statements:
a) a statement signed by the Complainant or its legal representative,
choosing to undergo the SACI-Adm;
b) a declaration recognizing the competence of the institution
accredited indicate the procedure to administer the SACI-Adm;
c) a statement absolving the NIC.br any burden resulting from
SACI-Adm procedure you want to establish unless the NIC.br
practice acts that break the law.
Article 3 The Complainant, at the opening of the SACI-Adm procedure should
explain the reasons why the domain name was registered or is
being used in bad faith, so as to cause damage to the Complainant,
combined with the proof of existence of at least one of
following requirements described in items "a", "b" or "c" below,
relation to the domain name object of the conflict:
a) the domain name is identical or similar enough to create
confusion with a trademark of Complainant, filed before
registration of the domain name or has registered with the Institute
National Industrial Property - INPI, or
b) the domain name is identical or similar enough to create
confusion with a trademark of Complainant, which has not
has been filed or registered in Brazil, but which is characterized
as well-known mark in its field of activity for
purposes of art. 126 of Law No. 9.279/96 (Industrial Property Law);
or
c) the domain name is identical or similar enough to create
confusion with a title of establishment, company name, name
civil, family name or surname, pseudonym or alias
well-known name, individual or collective artistic, or even
another domain name on which the Complainant has prior;
or
Sole Paragraph: For the purposes of evidence in Caput of the provisions
this Article, transcribed the following circumstances, among other
that may exist, constitute evidence of bad faith in the use of
domain name object of the SACI-Adm procedure:
a) have the title registered the domain name in order to
sell it, rent it or transfer it to the Complainant or
third parties, or
b) have the title registered the domain name to prevent the
Complainant uses it as a domain name corresponding, or
c) If the Registrant registered the domain name in order to
disrupting the business of the Complainant, or
d) to use the domain name, the Registrant intentionally attempted to attract,
for profit, Internet users to its site network
electronic or any other email address, creating a
likelihood of confusion with the Complainant's mark.
Article 4. Disputes submitted to SACI-Adm will be decided by
specialist (s) chosen (s) only among professionals
members of the Body of Experts accredited institution that
administer the procedure.
Paragraph: The (s) specialist (s) is (are) chosen (s) in the form
established by an accredited institution.
Article 5. There may be appointed expert who:
a) a Party to the conflict;
b) intervened in the conflict resolution procedure object of the SACI-Adm
as representative of the party, witness or expert;
c) a spouse, relative by blood or marriage, straight or
side of any of the Parties to the third degree;
d) a spouse, relative by blood or marriage, straight or
side of the attorney, representative or attorney of the Parties to
SACI-Adm procedure, to the third degree;
e) participate in management or board of directors of Legal
Party to the conflict or is a partner or shareholder;
f) is a close friend or an enemy of the Parties;
g) is debit or credit, of a party or his spouse or
even relatives, straight or collateral, third degree;
h) is heir to, employer or employee of a Party;
i) receive gifts before or after the start of the procedure
SACI-Adm;
j) advise any of the parties concerning the subject matter of procedure
SACI-Adm, or provide resources to meet the expenses of
procedure;
k) is a member or employee or NIC.br CGI.br.
1: any of the cases provided for in Article 5,
it is for the expert to declare at any time, your
impediment or suspicion and refuse to make an appointment or
resignation, becoming personally liable for damages as may
cause the failure of this duty.
2: Either party may argue the impediment or suspicion of
specialist, shall forthwith communicate to the accredited institution.
3: If the expert to survive or give any cause of
suspicion or impediment, moral or physical incapacity or death, he
will be replaced by a new specialist in the manner established by
accredited institution.
Article 6. Met the requirements described in Articles 2 and 3 of this
Regulation, the institution accredited declare the beginning of
SACI-Adm procedure, requiring the holder and by forwarding a copy of
all documents and materials submitted by the Complainant and information
Further, if any. An accredited institution shall notify the
simultaneously with the start of the procedure NIC.br at the address
Electronic saci-adm@registro.br, with return receipt requested, to
NIC.br that take the action described in Article 7 of this
Regulation.
1: If the accredited institution to verify any irregularity
in the Request or the lack of any of the requirements of Articles 2 and
3 of these Regulations, must immediately notify the Complainant,
giving him time to solve them.
2: Out of this period without the regularization of the Request, the
SACI-Adm procedure will be filed. In this case, the complainant will
right to return the amount paid at the rate set by
accredited institution.
Article 7. Since the beginning of the reporting procedure, and SACI-Adm
until its completion, the NIC.br not allow the transfer of
ownership of the domain name in dispute, except in compliance with
order issued by a court or tribunal.
Paragraph: The cancellation by the Holder, or for non-payment
of maintaining the registration of the domain name will be communicated by
NIC.br the accredited institution, getting a domain name
unavailable for further registration until the end of the procedure
SACI-Adm.
Article 8. An accredited institution will send cpr144449003101 communications to the Parties
to the following addresses:
a) address (es) e (s) (s) of contact (s) of the Entity,
Administrative, Technical and Billing indicated (s) in the Whois protocol
Registro.br the domain name subject to the procedure;
b) address (es) e (s) of the Complainant and the Registrant, or its
their representatives, if any, as reported to the
accredited institution.
Paragraph: If the Party has appointed deputy, the
all communications will be made to him and the Party can only be
appear in the proceedings of the SACI-Adm through it.
Article 9. The periods specified in these Regulations shall begin on the business day
subsequent to the communication by e-mail by the institution
Parties or their accredited representatives.
Article 10. The Holder may file a defense within the period specified
by the accredited institution.
11 º. The accredited institution shall require that the defense of
Holder necessarily included:
a) name, designation and email address of the Holder;
b) indication whether you want to communicate the final decision of
Procedure is conducted by mail or facsimile, as well as
electronics;
c) all the grounds on which it has rights and legitimate interests
on the domain name in dispute, and attach all documents
he considers appropriate for the trial;
d) Name, qualification and e-mail the person who
Holder will represent the procedure, if desired, and
document for such representation;
e) expression of their agreement with the number of specialists
suggested by the Complainant to decide the indication of conflict or
number of specialist (s) you want;
f) a statement absolving the NIC.br any burden resulting from
SACI-Adm procedure in place, unless the practice acts NIC.br
who break the law;
g) indication of any other judicial or
extrajudicial who has started or ended with respect to the name of
domain object to the procedure of SACI-Adm.
Article 12. After the presentation of defense by the Holder or elapsed
term which has been made without defense, to fit (s)
specialist (s) decide on the need for new production
evidence.
Article 13. The procedure of the SACI-Adm continue in default of
any Party, provided that the party duly notified in
accordance with these Rules, fails to comply with the act within which to compete
signaled to do so.
1: If the holder of the domain name fails to defend the
SACI-Adm procedure, the accredited institution must report
NIC.br this when, within a maximum of 10 (ten) days after the
during the period for the defense to proceed to the NIC.br
freezing (suspension) of the domain name subject to the procedure;
2: If the holder of the domain name fails to defend the (s)
specialist (s) shall (will) decide the dispute based on the facts and
evidence in the proceedings of the SACI-Adm. The decision can not,
in no case be based only on the appearance of a party.
Article 14. There will be no hearing unless (s) specialist (s) so
determine (in) because it believes (in) that a hearing is
strictly necessary to decide the conflict.
Article 15. Closed education, (s) specialist (s) grant (are)
if so provided in Regulation of the accredited institution,
deadline for Parties to provide their written memorials.
16 º. The (s) specialist (s) lead (to) the procedure
SACI-Adm in accordance with this Regulation and Regulation of
accredited institution to administer the procedure, deciding
based conflict (s) in Brazilian law applicable to the case in
statements, documents and other evidence presented by the Parties.
Article 17. The (s) specialist (s) render (are) the decision procedure
within the time specified by the institution, noting the deadline set in
art. 28 of these Regulations.
Article 18. If the procedure of the SACI-Adm has been driven by a
panel of experts, the decision shall be rendered by a majority of
votes, with each expert, including the chairman of the panel
experts, only one vote and will be reduced to writing by
President and signed by the three experts.
§ 1: The signing of the decision will be made electronically
the use of asymmetric cryptography by specialists
active in the procedure.
§ 2: In the event there is no unanimity of experts as to
solution of the conflict, one that differs from the majority may support
won the vote, which will include the decision.
19 º. The decision shall necessarily:
a) report the names of the parties and a summary of the conflict;
b) the reasons for the decision, which shall set forth the issues of fact and
of law;
c) the device, with all its specifications and deadline for
NIC.br subpoena to comply with the decision, if any;
d) the date and place of the award.
20 º. Delivery of the decision, is given by the end of the procedure
SACI-Adm, and to communicate in an accredited institution within five (5)
days NIC.br Parties and the entire content of the decision by (s)
specialist (s).
Article 21. The interested party may request the (s) specialist (s)
within 5 (five) days from the decision science, which
correct (m) any material error or clarify (m) any obscurity,
doubt or contradiction of the decision, or even to rule (m) on
omitted any point of decision.
1 If the party requesting the (s) specialist (s) to the caption
this Article, the institution must notify the accredited NIC.br
NIC.br immediately so that the wait for the new decision, suspending the
within Article 22 of this Regulation.
2: O (s) specialist (s) decide (are) described in the request
Caput, the deadline set by the accredited institution.
Article 22. If the decision rendered in the proceedings of the SACI-Adm
determine that the domain name be transferred object of the conflict
the Complainant or canceled, the NIC.br wait for the expiry of the period
15 (fifteen) working days from the date it was reported by
accredited institution of the decision, then implementing it.
Paragraph: If either party filed a proof that
lawsuit or arbitration within the period mentioned in the caption
this Article, the NIC.br not implement the decision in
procedure and wait for a court order or process
arbitration.
Article 23. If during the procedure of the SACI-Adm Parties
composed amicably ending the conflict, (s) specialist (s)
may (will) at the request of the parties, declare such fact in a decision
observing, as appropriate, the provisions of this Regulation and informing the
NIC.br this composition.
Article 24. The procedure of the SACI-Adm will not be confidential and decisions
rendered may be published.
Article 25. An accredited institution shall keep posted on his web site
the schedule of fees and costs of the procedure of the SACI-Adm.
Paragraph: The fee (s) of expert (s) will be determined
at fixed value independent of the time taken to solve the
conflict;
Article 26. The Complainant shall bear all expenses and charges
prosecution initiated the SACI-Adm, including the fees
(s) of expert (s).
1: If the complainant has chosen to have the dispute decided by
Holder and only an expert choose a panel of three
(Three) experts, the Complainant shall bear the fees of a
expert and the Holder shall pay fees of two experts.
2: Payments and their respective deadlines will be set and
informed by the accredited institution.
3: Except in the case mentioned in § 2 of Article 6 of this
Regulation, no refund of amounts paid to the institution
accredited to administer the procedure of the SACI-Adm, unless the
accredited institution established rule otherwise.
Article 27. There is more than one procedure between the SACI-Adm
Complainant and the Registrant, any of them may petition to consolidate
these procedures through written request to (s) specialist (s)
who has (have) received the first procedure between the Parties, provided
that has not been given the decision in any
procedures to be unified.
Paragraph: The unification of the procedures or not the SACI-Adm
is at the discretion (s) of expert (s) based on an analysis of
necessity and convenience.
Article 28. The procedure of the SACI-Adm is expected to close within
maximum of 90 (ninety) days from the date of its onset, may
be extended at the discretion of the accredited institution, provided that
exceed 12 (twelve) months.
Article 29. An accredited institution and (s) specialist (s)
ensure (to) the procedure of the SACI-Adm to elapse
agility, meeting all deadlines outlined in this Regulation, which
may only be extended by a fortuitous event, force majeure or
necessary, at the discretion (s) of expert (s)
lead (in) the procedure.
Paragraph: An accredited institution may implement rules
Further to this Regulation provided that they do not conflict with it.
Art. 30. In any procedure SACI-Adm, the (s)
specialist (s) ensure (are) the equality between the parties and that the
each party is given fair opportunity to present their reasons,
being assured of the contradictory principles of equality
the parties, impartiality (s) of expert (s) and your (s) free
conviction.
Article 31. The NIC.br not participate in the administration, progress or
any decision rendered in the proceedings of the SACI-Adm or
exercise any influence on these decisions, being free from
responsibility for any act or omission (s) of expert (s) or
accredited institution of any proceedings in relation to the
SACI-Adm.
Article 32. These Rules may change at any
time, if necessary, without notice.
Article 33. The English language must be used as
language of any procedure SACI-Adm subject to this
Regulation and all the decisions, reports and documents to be
delivered in this language.
