A new dispute resolution proceeding for domain names named Syreli entered into force on November 21 2011. Then, on December 6 2011 the registration of .fr was extended to all persons located in the EU, Norway, Gibraltar, Iceland, Liechtenstein and Switzerland. New extensions have also been opened:
- .re for Reunion Island
- .yt for Mayotte
- .pm for Saint-Pierre and Miquelon
- .wf for Wallis and Futuna Islands
- .tf for French Southern and Antarctic Territories
The Syreli dispute resolution proceeding applies to all domain name extensions centralised by AFNIC that have been reserved or renewed after July 1 2011. It will apply to all domain names on July 1 2012.
The rules remain quite the same as before. When applying for Syreli proceeding the applicant must have a legitimate interest in acting against a domain name and must prove the contested domain name is either:
- Liable to disrupt public order or morality, or rights guaranteed by the French Constitution or French law; or
- Liable to infringe IP rights or personal rights in which the owner has no legitimate interest and is acting in bad faith; or
- Identical or related to the insignia of the French Republic, of a local authority or group of local authorities, of an institution or a local or national public service, and in which the owner has no legitimate interest and is acting in bad faith.
The proceeding will last two months starting the day the complaint is filed. During the proceeding, the contested domain name is frozen. The decision is immediately enforceable despite the fact it can be appealed in Court. If the complaint is successful, AFNIC can transfer the domain name to the plaintiff or delete it. No damage can be claimed. Syreli provides a quick, affordable and extrajudicial solution for conflicts related to domain names centralised by AFNIC.
The naming policy has also evolved. In its capacity as registry AFNIC defines the conditions for allocating and managing domain names. Domain names are handled on a first come, first served basis, meaning that they are processed by chronological order of receipt.
Other than the changes mentioned above, the sub-extensions (.tm.fr, .asso.fr, .com .fr) will no longer be available. However, the domain names registered under these extensions before December 6 2011 will be maintained. A registrant of domain names residing outside the EU who had registered domain names on the basis of a registered trade mark in France will keep its registrations but will be encouraged to comply with the new rules of eligibility.
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| Anne Desmousseaux
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GEVERS
23 bis, rue de Turin
F-75008 Paris
France
Tel: +33 1 45 00 48 48
Fax: +33 1 40 67 95 67
www.gevers.fr