UA-DRP Becomes Applicable to <.COM.UA> Domain Names

The .UA Domain-Name Dispute-Resolution Policy (UA-DRP), which entered into force on March 19, 2019, became applicable to third-level domain name registrations <.COM.UA> on December 19, 2019.

Since its entry into force, the UA-DRP was only applicable to second-level domain names (e.g. <domain.ua>). The stringent eligibility criteria for registration of second-level .UA domain names significantly limited the number of potential cases that could be resolved under the UA-DRP. Only one dispute was considered and resolved since the UA-DRP’s launch.

It is expected that the UA-DRP will gradually be extended to other Ukrainian domain zones (<.ORG.UA>, <.KIEV.UA>, etc.).

The UA-DRP is a domain name resolution mechanism similar to the UDRP (Uniform Domain-Name Dispute-Resolution Policy). The proceedings are administered by the WIPO Arbitration and Mediation Center. For a complaint to be successful, the following must be proven:

• The complainant’s trademark is identical or confusingly similar to the domain name;
• The domain name registrant has no rights or legitimate interests in respect of the domain name in question; and
• The domain name is registered or used in bad faith.

The remedies available to the complainant are the domain name cancellation or its transfer to the complainant.

The UA-DRP procedure cost is equal to the UDRP procedure cost and ranges from EUR 1,315 (USD 1,500) to EUR 4,385 (USD 5,000). The UDRP procedure usually lasts 60-75 days.

By: Igor Alfiorov

For more information, please contact Igor Alfiorov at our Ukraine office.