Committee for the resolution of disputes relating to the registration of national internet domain names

Committee for the resolution of disputes relating to the registration of national internet domain names

ABOUT THE COMMITTEE

Register of National Internet Domain of Serbia – RNIDS (Registar nacionalnog Internet domena Srbije) and the Chamber of Commerce and Industry of Serbia, have provided a method for resolution disputes relating to the registration of rs. and srb. domains before the Committee for the resolution of disputes relating to the registration of national Internet domains.

Registration of Internet domain names of the second level can lead to disputes, mostly with the holders of intellectual property rights. These disputes may be brought before national courts, or resolved out of court, through alternative dispute resolution methods.

The Committee for the resolution of disputes relating to the registration of national internet domain names is a body which makes decisions independently and autonomously, pursuant to the law and other regulations. 

Decisions are made by arbitration council consisted of three members: president and two members. 

This is a fast, modern and efficient procedure. Communication with partis is electronic - petition, response to petition, evidence and other motions are submitted by electronic means to the Committee. The Commitee also delivers the documents to the parties in electronic form (from the appointment of arbiter to the final decision).

ORGANIZATION

Presidency

The Presidency of the Committee is comprised of the President, Vice-President and Committee Secretary. The President and Vice-President of the Committee shall be appointed and dismissed by the Managing Board of the Chamber of Commerce and Industry of Serbiafor a period of four years. The Committee Secretary shall be appointed by the President of the Serbian Chamber of Commerce from among the employees of the Chamber. The Presidency shall provide supervision over the implementation of these Rules of Procedure, monitor and review dispute resolution practices and conduct other business delegated to it by these Rules of Procedure.

The Committee Secretary

The Committee Secretary signs the correspondence may attend meetings of the Commitee. The Secretariat of the Commitee carries out legal, technical and administrative tasks of the Committee.

Arbitration council

Arbitration council consists of three members: president and two members of the arbitration council. The Committee has the List of Arbiters, determined by the Managing Board of Chamber of Commerce and Industry of Serbia at the proposal of Register of National Internet Domain of Serbia. Parties appoint arbiters from the List of Arbiters. 

JURISDICTION AND PROCEDURE BEFORE THE COMMITTEE

Agreement on the jurisdiction

The plaintiff accepts the jurisdiction of the Committee by the act of initiation of the proceeding. The registrant ,in the act of registering a national Internet domain name within the rsTLD registry and accepting the General Terms and Conditions for the registration of national Internet domain names, accept the jurisdiction of the Committee. In accepting the authority of the Committee, the parties to the procedure do not relinquish rights to recourse to the courts in the matter at hand.

Procedure

Disputes relating to the registration of national Internet domain names shall be addressed by an arbitration council consisting of three members.The arbitration council shall consider and determine whether in registering and using a national Internet domain name, the registrant has violated intellectual property rights or some other subjective right of the plaintiff, subject to the Rules of Procedure. 

The dispute resolution procedure shall begin with the submission of a petition by a plaintiff or its proxy. The procedure  shall be single-instance and as a rule shall have a duration of 60 days, counting from the day of the constitution of the council. Procedure is subject to the Rules of Procedure for the resolution of disputes relating to the registration of national internet domain names ("Official Gazette of the Republic of Serbia" no. 31/11, 24/12 67/14 i 61/16).

The procedure may be concluded by the issue of a final decision or by decision of the arbitration council to conclude the procedure.The arbitration council may decide on the termination or transfer of the registration of a disputed domain name from the registrant to the plaintiff.

The arbitration decision is final and is subject to no appeal. 

Parties:

A plaintiff -  an individual or legal entity who oposses the right of the registrant to use a registered national internet domain name. A plaintiff may be a domestic or foreign individual or legal entity.

A registrant - an individual or legal entity who in accordance with the provisions of the General Terms and Conditions for the registration of national Internet domain names, registers and uses a national domain name within the rsTLD registry. A registrant may be a domestic or foreign individual or legal entity.

Decision

Final decision is enforced by RNIDS. The decision of the arbitration council shall be enacted upon the expiry of ten days from the date of receipt of the decision by RNIDS, except in the event where a party to the proceedings has submitted proof of initiation of proceedings before the competent court, in which caseenforcement of the decision is postponed until the decision of the court enters into force.

 

KONTAKT

Dušan Popović, phd, President
Marko Jovanović, phd, Vice - President

Ivana Jakovljević, Secretary
tel: (+381 11) 4149 416,
e-mail: ivana.jakovljevic@pks.rs

Mirjana Cukavac, Deputy Secretary
tel: (+381 11) 4149 415,
e-mail: mirjana.cukavac@pks.rs

Gordana Bešir Lasica, Senior Advisor
tel: (+381 11) 4149 417,
e-mail: gordana.lasica@pks.rs

Gorana Kalaba, Senior Advisor
tel: (+381 11) 4149 418,
e-mail: gorana.kalaba@pks.rs

Seat and useful contacts

Knez Mihajlova 10, 11000 Belgrade
e-mail: domenski.sporovi@pks.rs

Register of National Internet Domain of Serbia – RNIDS, Žorža Klemansoa 18a/I,
11108 Belgrade, Serbia

www.rnids.rs

The Intellectual Property Office of the Republic of Serbia, Kneginje Ljubice 5, 11000 Belgrade, Serbia

www.zis.gov.rs