Cybersquatting, or the bad faith
registration of Internet domain names, has been plaguing businesses
ever since the Internet began. South African businesses have not been
immune to this phenomenon and many have sought redress in international
arbitration and mediation processes, the most noteworthy
being the SANLAM.COM and NANDOS.COM matters.
Unfortunately, these international dispute resolution processes have
not been available to domain name disputes in the .ZA name space (i.e.
XYZ.CO.ZA). As a result, South African trade mark owners have
been forced to endure expensive and time consuming litigation in the
High
Court, in order to enforce their rights.
Thankfully, this is about to change as the Department
of Communications,
ably assisted by Bowman Gilfillan Attorneys, is in the process
of introducing a dispute resolution mechanism specifically for the
.ZA name space.
This mechanism, known as the .ZA Dispute Resolution Regulations
(ZADRR),
will provide an efficient and cost effective means for trade mark and
other name holders to protect their rights. The ZADRR are also intended
to protect the legitimate interests and rights of existing domain name
holders by protecting them against heavy-handed legal tactics.
The ZADRR have been developed with the layman in mind and, although
recommended, legal representation will not be a pre-requisite. Substantial
portions of the dispute resolution process can be administered over
the Internet and the entire process could take less than 55 days to
complete. The drafters of the regulations have also tried to keep official
fees to an absolute minimum, whilst at the same time ensuring that
the fee structures retain Adjudicators with the necessary expertise.
Widely respected for their expertise in the field of domain
name dispute resolution, both in South Africa and internationally, Bowman
Gilfillan Attorneys have been retained by the Department
of Communications to
assist with the drafting of the ZADRR. |
