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1.
Which entity is responsible for registration of domain names in the country code top-level domain (ccTLD)?
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2.
How are domain names registered?
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3.
For how long is registration effective?
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4.
What is the cost of registration?
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5.
Are registered domain names transferable? If so, how? Can the use of a domain name be licensed?
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6.
What are the differences, if any, with registration in the ccTLD as compared with a generic top-level domain (gTLD)?
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7.
Can the registrant use a privacy service to hide its contact information?
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8.
Under what circumstances will a registrant’s privacy-protected contact information be disclosed? What processes are available to lift a registrant’s privacy shield?
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9.
Are third parties (such as trademark holders) notified of a domain name registration or attempt to register a domain name? If so, how? If not, how can third parties receive notice?
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10.
Is there a need to notify the domain name registrant before launching a complaint or initiating court proceedings?
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11.
What is the typical format for a cancellation or transfer action in court litigation (domains registered in either a ccTLD or a gTLD) and through ADR (ccTLD only)?
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12.
What are the pros and cons of litigation and ADR in domain name disputes? What are the pros and cons of choosing a local forum to litigate a gTLD dispute compared with the ICANN ADR format for the gTLD?
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13.
What avenues of appeal are available?
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14.
Who is entitled to seek a remedy and under what conditions?
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15.
Who may act as defendant in an action to cancel or transfer a gTLD in local courts?
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16.
What is the burden of proof to establish infringement and obtain a remedy?
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17.
What remedies are available to a successful party in an infringement action?
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18.
Is injunctive relief available, preliminarily or permanently, and in what circumstances and under what conditions?
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19.
How is monetary relief calculated?
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20.
What criminal remedies exist, if any?
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21.
Is there a time frame within which an action must be initiated?
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22.
Can a registrant’s rights in a domain name expire because of non-use. Can a registrant be estopped from bringing an infringement action? In what circumstances?
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23.
What is the typical time frame for an infringement action at first instance and on appeal?
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24.
Is a case law overview available on procedural or substantive issues? Does the case law have a precedential value?
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25.
Can parties choose a panellist in an ADR procedure involving a ccTLD? Can they oppose an appointment?
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26.
What is the typical range of costs associated with an infringement action, including pre-litigation procedures, trial or ADR, and appeal? Can these costs be recovered?
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Updates and trends
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BPM legal is a commercial law firm with its focus on advising and representing new media companies (Internet, mobile, communications, information) as well as on the areas of IP (Intellectual Property) and IT (Information Technology).
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Munich
Steinsdorfstraße 1380538
Munich
Germany T: +49 89 2111 1890
F: +49 89 2111 1872
Dr. Brigitte Joppich manages her small law firm while being a managing director and in-house counsel in the pharmaceutical industry. She regularly works with BPM legal.
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Würzburg
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