Domain Name Dispute
Taking steps to protect your IPR is an important aspect of preserving the rights and value of that IP. However, without vigilant enforcement when there are breaches of the rights by a third party, the effort of protecting the IPR becomes less useful. Auramark offers enforcement services in both four-wall and digital counterfeiting sectors to its international and local clients.
Description
In Vietnam, for the years of 2000s, domain name disputes started to occur and now trend to be more increasing. However, since no Uniform Domain-Name Dispute-Resolution Policy (UDRP) for domain name .VN is issued by Vietnam’s authority, thus almost disputes are either still pending or are not thoroughly resolved. Method of conciliation among the related parties for domain name dispute resolution is mainly recommended by Vietnam Internet Network Information Center (VNNIC), an affiliation of Ministry of Information and Communications (MoIC) in multiple years.
In 2006, domain name became the one of subject matters regulated by the 2006 Law on Information Technology, thereby, pursuant to Section 76, a domain name .VN dispute may be settled through one of the three routes:
(a) Conciliation between complainant and respondent; or
(b) Through arbitration; or
(c) Initiating a lawsuit with a competent court.
According to Report on Internet Resource of 2014 released by VNNIC, as of late 2014 there had been 291,103 domain names .VN granted. Such number is ranked no. 1 in Asean region, 7th place in Asia in terms of growth speed, of which individual registrant accounts for 57% and organization registrant makes up 43%. Domain names. VN and COM.VN are the most registered ones with 33,51% and 53,48% respectively. 70% out of 291,103 registered domain names .VN are reportedly running. There is a tiny proportion of 6,76% of domain names .VN registered by foreigners among which US registrants are prevailed. Also in the Report, there have been 217,235 generic top-level domain (gTLD) registered and being used by Vietnamese subjects up to late October 2014 and such amount tends to decline, causing the volume difference between gTLDs and ccTLD become less.
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