NIC.ar has new Rules for the Administration of Internet domain names
On July 19, 2016, the Network Information Center Argentina (“NIC.ar”) of the Legal and Technical Secretary of the Presidency of Argentina issued Resolution 110/2016 (the “Resolution”), published in the Official Gazette of July 20, 2016, repealing Resolution 20/2014 and sections 2 and 3 of Resolution 109/2015, both issued by the Legal and Technical Secretary of the Presidency of Argentina.
The Resolution sets forth new Rules for the Administration of Internet domain names in Argentina replacing the current regulatory framework regarding their registration, renewal, transfer and dispute.
The Resolution establishes that NIC.ar will be in charge of determining the top level domain names available under the country code for Argentina (with the exception of “edu.ar” domain names that will be managed by the University Association of Interconnective Networks), as well as the requirements and proceedings for each one of them, in contrast with the abrogated regulation that had the available top level domain names already determined beforehand.
Moreover, the Resolution sets forth that all proceedings with NIC.ar are subject to an official fee and the lack of payment will cause the termination of the proceeding initiated before NIC.ar.
Regarding registration of domain names, the registration can only be requested by an adult as well as legal entities, prior to their registration as users on NIC.ar’s system, and domain names shall be granted prior to its publication in the Official Gazette. Prior publication of domain names is a new step that was not established in the previous legal framework.
The Resolution points out that NIC.ar might deny the registration of domain names that could be offensive, discriminatory or against the law, moral or good manners, or that might be considered as confusing, deceptive or a case of identity theft.
Regarding the validity of the registration, the new Rules maintain the same term of validity of domain names of 1 year set forth in the abrogated resolution. With respect to the opportunity to file renewals, the new Resolution establishes that it must be done within 30 calendar days prior to the expiration date, just like it was provided in the prior legal framework. The Resolution establishes a grace period of 45 calendar days after the expiration date (increasing the existing 33 calendar days under the previous regulation) where the domain might be renewed. During the grace period the domain name cannot be transferred.
The Resolution adds a chapter related to domain disputes establishing that users who consider having a better right or legitimate interest regarding the ownership of certain domain name might dispute its registration.
The claimant must submit the claim and all related documents with NIC.ar and NIC.ar shall serve the owner of the domain name with the complaint and evidence submitted. The defendant has 10 calendar days to answer the complaint. This term might be extendable just once and for another equal term if it is rightfully requested by any party. NIC.ar might also extend the term if there are grounds that demands it. NIC.ar shall decide the dispute with the possibility to appeal the resolution like any other administrative resolution, according to the applicable legislation.
Unlike the abrogated system, all proceedings before NIC.ar (including domain name disputes) shall be done thorough NIC.ar’s platform entering the User’s tax ID. Users can designate representatives for all proceedings on NIC.ar’s platform. Notifications done through the platform shall be consider valid.
Another new provision included in the new Rules is that NIC.ar might bar or discharge users and/or suspend the active delegation and/or the administration of domain names registered when users might be causing harm to third parties, having the power to make the appropriate claim before the pertinent authorities.
This article contains information of general interest and it does not constitute a legal opinion on this matter.