.cr Domains Dispute & Policy
Last Update 20 August 2012. The most current .cr domains dispute policy can be found at: www.nic.cr/niccr_publico/esp/politicadesolucion.jsp
".cr" Domain-Name Dispute Resolution
(Approved by the National Academy of Sciences on November 18th, 2009)
1. Purpose. This .cr Domain Name Conflict Resolution Policy (the Policy) has been approved by the National Academy of Sciences through its NIC Internet Costa Rica unit (the Registrar administrator and currently the only registrar) is incorporated by reference into the Policies for the Operation of the .cr Top-Level Domain and it sets forth the terms and conditions in connection with any dispute between the domain-name holder and any other party other than the National Academy of Sciences and its NIC Internet Costa Rica over the registration and use of an Internet domain name registered by de domain-name Holder. The proceeding under Paragraph 4 of this Policy shall be conducted in accordance with the Rules of Domain Name Dispute Resolution Policy (the "Rules") and the selected administrative-dispute-resolution service and the Provider's Supplemental Rules.
2. Statements. By applying for the registration of a domain name or requesting the renewal of a domain name, you hereby declare and warrants to the National Academy of Sciences and its NIC Internet Costa Rica that:
a) the statements that you have made in regard to your agreement with the Policies for the Operation of the ".cr" Top-Level Domain are complete and accurate;
b) to the best of your knowledge and belief, the domain-name registration does not infringe or otherwise violate the rights of any third party;
c) you are not registering the domain name for any unlawful purpose;
d) you shall not knowingly use the domain name in violation of any applicable laws or regulations. It is your responsibility to determine whether your domain name registration infringes or violates any third parties' rights.
3. Cancellations, Amendments, and Transfers. NIC Internet Costa Rica shall cancel, amend, transfer, or make changes to domain name registrations under the following circumstances:
a) subject to the provisions of Paragraph 8, upon receipt of written or appropriate electronic instructions from you or your authorized agent to take such actions;
b) upon receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action;
c) upon receipt of a decision of an administrative panel panel requiring taking appropriate measures in any administrative proceeding of which you are a party and which was conducted under this Policy or a later version of this Policy approved by the National Academy of Sciences through its NIC INTERNET Costa Rica unit. (See Paragraph 4 (i) and (k) hereinunder).
4. Mandatory Administrative Proceeding.
This Paragraph sets forth the type of disputes for which you are required to submit to a mandatory administrative proceeding. This proceeding shall be conducted before one of the administrative-dispute-resolution service providers listed at http://www.nic.cr/niccr_publico/esp/sitiosrelacionados.jsp.
This Paragraph sets forth the type of disputes for which you are required to submit to a mandatory administrative proceeding. This proceeding shall be conducted before one of the administrative-dispute-resolution service providers listed at http://www.nic.cr/niccr_publico/esp/sitiosrelacionados.jsp.
a. Applicable Disputes . You are required to submit to a mandatory administrative proceeding in the event that a third party (a "complainant") asserts to the applicable Provider, in accordance with the Rules, that:
In the administrative proceeding, the complainant shall prove that each of these elements is present.
i) your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and
ii) you have no rights or legitimate interests in connection to the domain name; and
iii)your domain name has been registered or is being used in bad faith.
b. Evidence of Registration and Use in Bad Faith.For the purposes of Paragraph 4 (a) (iii), the following circumstances, in particular but without limitation, if found by the panel to be present, shall be evidence of the registration and use of a domain name in bad faith:
i) circumstances indicating that you have registered or you have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain-name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented costs directly related to the domain name; or
ii) you have registered the domain name in order to prevent the owner of the trademark or service mark from cpr144449003101 reflecting the mark in a corresponding domain name, provided that you have engaged in a pattern of such conduct; or
iii) you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or
iv) by using the domain name, you have intentionally attempted to attract, for commercial with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of your website or location or of a product or service on your website or location.
c. How to Demonstrate your Rights and Legitimate Interest in the Domain Name when Responding to a Complaint? . ? Upon receipt of a complaint, you shall refer to Paragraph 5 of the Rules to determine how to prepare your response. Any of the following circumstances, in particular but without limitation, shall demonstrate your rights or legitimate interests to the domain name for the purposes of Paragraph 4 (a) (ii) if found by the panel to be proved based on the evaluation of all evidence submitted:
i) before any notice to you of the dispute, you use the domain name or have made demonstrable preparations to use the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods and services; or
ii) you (as an individual, business, or other organization) have been commonly known by the domain name, even if you have acquired no trademark or service mark rights; or
iii) you are making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue.
d. Selection of Provider. The complainant shall select the provider by submitting the complaint to that Provider. The selected provider shall administer the proceeding, except in cases or consolidation as described in Paragraph 4 f).
e. Initiation of the Proceeding and Process and Appointment of the Administrative Panel. The Rules of the procedure set forth the process for initiating and conducting a proceeding and appointing the panel that shall decide the dispute ("Administrative Panel").
f. Consolidation. In case of multiple disputes between you and the complainant, either you or the complainant may request to consolidate the disputes before a single Administrative Panel. This petition shall be made to the first administrative panel appointed to hear a dispute between the parties. This Administrative Panel shall consolidate before it any such disputes in its sole discretion, provided that the disputes which are being consolidated are governed by the Policy approved by the National Academy of Sciences through its NIC Internet Costa Rica unit.
g. Fees. All fees charged by a Provider in connection with any dispute before an Administrative Panel pursuant to this Policy shall be paid by the complainant except in those cases where you choose to expand the Administrative Panel from one to three panelists as provided in Paragraph 5 b) iv) of the Rules of the Procedure, in which case the fees shall be split evenly between you and the complainant.
h. Involvement of the Registrar in the Administrative Proceedings. The Registrar does not, and shall not participate in the administration or execution of any proceeding before an Administrative Panel. Moreover, it shall not be liable as a result of any decision rendered by the Administrative Panel.
i. Remedies. The remedies available to the complainant pursuant to any proceeding before an Administrative Panel shall be limited to requiring the cancellation of your domain name or the transfer of your domain name to the complainant.
j. Notification and Publication. The Provider shall notify the Registrar of any decision made by the Administrative Panel regarding a domain name that you have registered with that Registrar. All decisions under this Policy shall be published in full over the Internet except when the Administrative Panel shall determine, in an exceptional case, to correct portions of its decisión.
k. Availability of Court Proceedings. The mandatory administrative proceeding requirements set forth in Paragraph 4 shall not prevent either you or the complainant from submitting the dispute to a court of competent jurisdiction to obtain an independent resolution before such mandatory administrative proceeding starts or after such proceeding has concluded. In the event that an Administrative Panel shall decide you're your domain name registration shall be cancelled or transferred, the registrar shall wait ten (10) business days (business days mean those observed in the location of the registrar's principal office) after being informed by the applicable Provider of the Administrative Panel's before implementing such decision. Then, the decision shall be implemented unless we have received from you during the ten (10) business day period, official documentation (such as copy of the complaint, stamped by the court's clerk) showing that you have commenced a lawsuit against the complainant in a jurisdiction to which the complainant has submitted under Paragraph 3 b) xiii) of the Rules of the Procedure (that is, before the courts of the Republic of Costa Rica.) In case that the registrar receives such documents within the ten (10) business day period, it shall not implement the Administrative Panel's decision and shall not take any further action until the registrar has received i) satisfactory evidence of a resolution between the parties; ii) satisfactory evidence that your lawsuit has been dismissed or withdrawn; or, iii) a copy of an order from such court dismissing your lawsuit or ordering that you do not have any right to continue using your domain name.
5. All Other Disputes and Litigation. All other disputes between you any party other than the registrar regarding the domain name registration that are not executed pursuant to the mandatory administrative proceeding provisions referred to in Paragraph 4 shall be resolved between you and such other party through any court, arbitration or any other proceeding that may be available.
6. Registrar's Involvement in Disputes. The Registrar shall not participate in any way in any dispute between you and any party other than the registrar regarding the registration and use of your domain name. You shall not name the registrar as a party or otherwise include the registrar in any such proceeding. In the event that the registrar shall be named as a party in such proceeding, the registrar reserves the right to raise any defenses deemed appropriate and to take any other necessary action to defend itself.
7. Maintaining the Status Quo. The registrar shall not activate, deactivate, eliminate, transfer or otherwise change the status quo of any domain name registration under the Policy except as provided in Paragraph 3.
8. Modifications to a Domain Name during a Dispute.
Modifications to a Domain Name. You may not amend or otherwise change your domain name or the domain information i) during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (business days mean those observed in the location of the registrar's principal place of business) after the conclusion of such proceeding; or ii) during a pending court or arbitration proceeding brought regarding your domain name. The registrar shall reserve the right to cancel or reject any change to your domain name or to the domain's information that is made in violation of this paragraph.
Modifications to a Domain Name. You may not amend or otherwise change your domain name or the domain information i) during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (business days mean those observed in the location of the registrar's principal place of business) after the conclusion of such proceeding; or ii) during a pending court or arbitration proceeding brought regarding your domain name. The registrar shall reserve the right to cancel or reject any change to your domain name or to the domain's information that is made in violation of this paragraph.
9. Policy Modifications.. The National Academy of Sciences through its NIC Internet Costa Rica unit reserve the right to modify this Policy at any time pursuant the provisions in effect of Paragraphs 11 and 12 of the Policies for the Operation of the .cr Top-Level Domain unless this Policy has already been invoked by the submission of a complaint to a Provider in which case the version of the Policy in effect at the time it was invoked will apply to you until the dispute is over. All such changes shall be binding upon you in regard to any domain name registration dispute, whether the dispute arose before or after the effective date of the change. In the event that you object to a change in this Policy, your sole remedy shall be cancelling your domain name registration, but you shall not be entitled to a refund of any fees that you have paid to the registrar. In addition, the revised Policy shall apply to you until you cancel your domain name registration.
