.pt Domains Dispute & Policy
Last Update 20 August 2012. The most source for .pt domains dispute policy can be found at: www.afnic.fr/en/dispute-resolution/
CHAPTER IV - ARBITRATION
Article 41
Institutionalized Voluntary Arbitration
In the case of dispute concerning domain names, the registrants of these can agree to turn to institutionalized voluntary arbitration, provided for and regulated in Law 63/2011 of the 14th of December.
When registering a domain name, the registrant can agree to the arbitration convention with regard to the resolution of disputes over domain names, designating for that purpose, the Centro de Arbitragempara a Propriedade Industrial, Nomes de Domínio, Firmas e
Denominações - Arbitrare (Arbitrare - Arbitration Centre for Industrial Property, Domain Names, Companies and Company Names).
The arbitration procedure can be found in the Arbitration Centre's Regulations and in the legislation in force on the subject.
The arbitration referred to in the preceding paragraphs applies to situations of noncompliance regarding a domain name and can be requested by any interested party:
a) Against the registrant of the domain name that is the subject of arbitration; or
b) Against the Registry (FCCN - Foundation for National Scientific Computation), for
deleting or accepting the registration of a domain name;
Article cpr144449003101 42
Injunction
In the arbitration process, whenever the applicant shows grounded fear that another is causing serious harm to his right, which will be difficult to set right, temporary suspension of the domain name in dispute can be requested, in order to ensure the effectiveness of the right under threat.
The arbitration tribunal's decision that defers the injunction, indicating the reasons, is notified to FCCN, which will suspend the domain name, until the final decision of the arbitration proceedings.
Article 43
Institutionalized Voluntary Arbitration Criteria
In the case of the proceeding being proposed against the registrant of the registration whose domain name is the subject of arbitration, the decision that comes to settle the present disputes may amount to the initial situation being maintained or to the deletion and/or transferral of the domain name ownership.
For the purpose of that provided for in the preceding paragraph, the arbitrator should proceed to analyse, evaluate and verify compliance with the following cumulative provisions:
a) The domain name coincides with, is identical to or susceptible to causing confusion with a name or designation protected within the terms of the legal arrangements in force in favour of the claimant of the arbitration proceedings;
b) The domain name was registered without being based on any rights or legitimate interests previously acquired by its registrant;
c) The domain name is registered or being used in bad faith. Sole Paragraph: for the purpose of verifying the existence of bad faith, the following facts or circumstances, among others, may be used as evidence: the domain name was registered or acquired with a view to later selling it to the claimant; the domain name was registered expressly in order to disturb the claimant's professional business; the domain name was used intentionally, in the pursuit of commercial gain, to attract Internet users to the claimant's website; the domain name is made up of one or more first names or of the combination of a first name and the claimant's surname.
In the case of the proceeding being proposed against the Registry (FCNN - Foundation for National Scientific Computation), the decision that comes to settle the present disputes may consist of FCCN being obliged to delete a domain name that was unduly accepted or to accept the registration of a domain name that was unduly refused.
For the purpose of that provided for in the preceding paragraph, the arbitrator should proceed to analyse, evaluate and verify compliance with the legal arrangements and regulations regarding the composition of domain names, namely if there is a violation of the rules which prohibit the .pt domain name being the same as words or expressions contrary to law, public order or morality, as any top Internet domain name in existence or in the process of being created, or as a geographical name whose ownership does not come under the legal
administrative authority for that registration. The domain name in .pt and its second level domains must also meet the rules for the legitimacy and basis for registration set out in the Regulation, for each case.
