Argentina: Domain names dispute resolution system

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Argentina: Domain names dispute resolution system

The breakthrough and boom of the internet and the speed at which it developed brought about many conflicts and abuses including domain name conflicts.

Resolution 654/2009

In Argentina, until 2009, due to the non-existence of an alternative dispute resolution system, when a conflict arose concerning a domain name conflict the interested parties had no choice but to seek a remedy in court.

The first system for domain name dispute resolution in Argentina was established in November 2009 through the issuance by the Ministry of Foreign Affairs, International Trade and Culture of Resolution No 654/2009, by means of which the service was incorporated to domain names rendered by NIC Argentina, the institution that manages internet domains in Argentina.

Resolution 20/2014

Before Resolution 20/2014 was approved, the system for domain name registration used to be a free-of-charge and essentially automatic procedure.

This system led to a very significant number of registrations related to slavish copies of third parties' trade marks, names or designations, pirate registrations, etc, effected for the sole unfair purpose of appropriating and capitalising on the prestige and effort of another person by creating confusion, or with the aim of negotiating the restitution of the sign in question based on economic compensation.

Resolution 110/2016

On July 20 2016, Resolution No 110/2016 issued by the Legal and Technical Secretariat of the National Presidency was published in the Official Gazette. By means of this resolution, Resolution No 20/2014 was abrogated, and the new Regulation on Management of Internet Domain Names, applicable in Argentina, was issued (including some modifications to the procedure for solving disputes over domain name ownership that will be explained in our next briefing).

Daniel R Zuccherino

Obligado & Cia

Paraguay 610, 17th Floor

C1057AAH, Buenos Aires, Argentina

Tel: +54 11 4114 1100

Fax: +54 11 4311 5675

admin@obligado.com.ar

www.obligado.com

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