Costs slashed in web fights

2007-05-09 10:15

Johannesburg - The prices for disputing website names is about to become simpler with the introduction of the alternative dispute resolution process by the .za Domain Name Authority (.za DNA).

The new process which was launched in Johannesburg on Tuesday will enable people and organisations to take action when they feel that a domain name has been registered for the wrong reasons without having to resort to the courts.

Hasmukh Gajjar, chairperson of the .za DNA, explains that in the past the only way to sort out a dispute over a specific domain name was to take it to the courts, a process that could cost up to R250 000 and take a considerable amount of time.

The new process will allow anyone who feels that a particular domain name that infringes on their rights to bring it before an arbiter to decide who is in the right.

A 'how to'

"There are two areas which can lead to a dispute," says Gajjar. "The first is an abusive registration where a domain name is registered that is intended to profit from the intellectual property of another company."

An example of this could be using www.wimpi.co.za to advertise a fast-food restaurant or registering www.wimpy.co.za and trying to sell it to the legitimate owner of the trademark.

The other area that falls under the new dispute resolution system is offensive domain names. This could include domain names that advocate hatred based on race, ethnicity, gender or religion.

"The new process will allow complainants to have the dispute heard by either a single arbiter (which will cost R10 000) or by a panel of three arbiters (which will cost R24 000)," says Gajjar.

"If either of the parties are still unhappy with the outcome they will still have the right to take the case to the courts but it is likely that the courts will take cognisance of the ruling of the arbiters, especially bearing in mind the technical nature of the issue at hand."

"These fees will be paid by the complainant except where the respondent specifically requests a 3 arbiter panel and in this case the costs will be split 50/50.

Fund established

The .za DNA is in the process of establishing a fund to enable those that can not afford the R10 000 to have access to arbitration. Gajjar explains that 10% of the fees collected for the arbitration process will be kept aside to fund this process and that the .za DNA is in the process of drawing up guidelines to decide who will qualify for financial assistance.

A domain name refers to the name that identifies a specific website or e-mail address on the internet and in this case the dispute resolution process will only deal with disputes that deal with .co.za domains.

- Finance24