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Dutch domain name arbitration procedure could be illegal
16/04/2003
An arbitration procedure established in January by the Dutch domain-naming authority, SIDN, for settling ‘.nl’ domain name disputes conflicts directly with EU and Benelux law, according to Alexander Tsoutsanis, a researcher from Leiden in his recently published book on domain-name disputes.
SIDN (Stichting Internet Domeinnaamregistratie Nederland) offers claimants its arbitration services as an alternative to taking their claim to court, oftentimes a long process.
However, Benelux and EU trademark laws stipulate that only a public judge has the authority to decide on trademark-infringements cases, making the SIDN arbitration procedure illegal, writes Mr Tsoutsanis.
Furthermore, only the Benelux and EU courts can resolve the conflict between the procedure and the respective laws.
Mr Tsoutsanis is critical of the SIDN, whom he says had a year and a half to prepare for this procedure and check its legality.
The Dutch government also comes in for criticism for providing too little active political support for self-regulation, and for not having a proper policy on regulating domain names in place as yet.
More details at: http://www.europemedia.net/shownews.asp?ArticleID=15953
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