Circular No. 10/2008/TT-BTTTT dated December 24, 2008 of the Ministry of Information and Communication providing for the settlement of disputes over Vietnam's country code domain name ".vn"

CIRCULAR

PROVIDING FOR THE SETTLEMENT OF DISPUTES OVER VIETNAM'S COUNTRY CODE DOMAIN NAME ".VN"

Pursuant to the June 29, 2006 Law on Information Technology;

Pursuant to the Government's Decree No. 187/2007/ND-CP of December 25, 2007, defining the functions, tasks, powers and organizational structure of the Ministry of Information and Communication;

Pursuant to the Government's Decree No. 97/ 2008/ND-CP of August 28, 2008, on the management, provision and use of Internet services and online information on the Internet;

The Ministry of Information and Communication provides for the settlement of disputes over the Vietnam's country code domain name ".vn" as follows:

I. GENERAL PROVISIONS

1. Scope of regulation

This Circular provides for the settlement of disputes over domain names arising in the process of using domain names of different levels lower than Vietnam's country code domain name ".vn" (below referred to as domain names); grounds for settlement of disputes over domain names; forms of settlement of disputes over domain names, and disposal of disputed domain names.

2. Subject of application

This Circular applies to plaintiffs and defendants involved in the settlement of disputes over domain names arising in the use process.

3. In this Circular, the terms below are construed as follows:

3.1. Domain name means a name used to identify an Internet address.

3.2. Plaintiff is an agency, organization or individual that initiates a lawsuit over a disputed domain name when deeming that his/her/its lawful rights and interests are infringed upon.

3.3. Defendant is an agency, organization or individual that is using a domain name and is sued by a plaintiff for the disputed domain name.

3.4. "VNNIC" means the Vietnam National Internet Center, the Information and Communication Ministry's agency managing Vietnam's country code domain name ".vn."

3.5. Domain name ".vn" registry is an organization which registers Vietnam's country code domain name ".vn."

3.6. Disputing parties include the plaintiff and the defendant.

3.7. Dispute over a domain name means a dispute arising in civil relations or commercial activities related to lawful rights and interests of agencies, organizations and individuals regarding the use of domain names.

3.8. Use of a domain name means the association of this domain name with an Internet protocol address (IP address) in an operating server for online applications or for the protection of a trade name, mark, service mark or organization name against appropriation.

II. GROUNDS FOR SETTLEMENT OF DISPUTES OVER DOMAIN NAMES

1. Conditions on initiation of a lawsuit against a dispute over a domain name

Apart from the conditions on initiation of lawsuits and requirements on the contents of lawsuit petitions prescribed by law, a petition for a lawsuit over a disputed domain name must satisfy the following three conditions:

1.1. The disputed domain name is identical or confusingly similar to the name of the plaintiff; identical or confusingly similar to the trademark or service mark to which the plaintiff has lawful rights or interests.

1.2. The defendant has no lawful rights or interests related to this domain name.

1.3. The domain name is used by the defendant with a malicious intent against the plaintiff.

2. Acts of using domain names with a malicious intent

The use of a domain name is considered malicious in the following cases:

2.1. Leasing or transferring a domain name to the plaintiff being the proprietor of a trade name, trademark or service mark identical or confusingly similar to this domain name; leasing or transferring the domain name to the plaintiff's competitors for self interests or illicit profits; or

2.2. Appropriating, or preventing the proprietor of a trade name, trademark or service mark from registering, a domain name corresponding to this trade name, trademark or service mark; or

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