Proposed Rules on Domain Names
Registration Procedure and Form Requirements
Disconnection and Revocation of a Domain Name
Dispute Resolution
Criticisms
A new government bill regarding the regulation of Finnish domain names was published on June 19 2002. The purpose of the new legislation is to create a clearer and more flexible domain name registration system which meets corporate needs. The proposed act also aims to promote e-commerce and other information society services.
Proposed Rules on Domain Names
The existing provisions on the country-code top-level domain '.fi' are based on administrative regulations issued by the Finnish Communications Regulatory Authority (FICORA), the body responsible for granting .fi domain names. The need to replace the current administrative regulations with statutory law derives from the recently amended Finnish Constitution, which requires that the rights and obligations of individuals and companies should be provided by statute.
The proposed new act applies only to domain names under the .fi top-level domain. It includes provisions on, among other things, form requirements, and the grant and governance of domain names. Certain provisions on dispute resolution and domain name service providers are also introduced.
Registration Procedure and Form Requirements
Under the existing regulations, the registration of top-level domains is subject to pre-examination by FICORA. The applicant must be the proprietor of a trade name or auxiliary trade name registered in the Finnish Trade Register, or hold a Finnish trademark registration corresponding to the requested domain name.
The proposed provisions would amend this system to correspond with the procedure for registration of international top-level domain names (eg, '.com' and '.net'). According to the bill, the pre-examination of Finnish domain names would be abolished and top-level domains would be granted on a first come, first served basis. Contrary to the existing requirements, the applicant would not be required to hold trademark or trade name rights to the requested domain name. The applicant should ensure that it is entitled to the domain name, and granting the domain name would not infringe existing IP rights, such as registered trade names or trademarks.
According to the bill, a registered domain name would remain in force for an initial period of three years, with the potential for unlimited renewal. A domain name would be granted to the first applicant, provided that this is a registered legal entity, a private entrepreneur or a Finnish public corporation. Private individuals would not be granted domain names and companies would qualify only after they have been entered in the Finnish Trade Register.
Disconnection and Revocation of a Domain Name
The proposed act includes provisions allowing for the disconnection or revocation of a domain name in case of infringement of third-party rights related to it. Disconnection of a domain name is the primary measure and may, as a general rule, be ordered for a period of one year. Revocation of a domain name is a permanent and more severe measure.
At present there is no separate dispute resolution system for domain names. However, FICORA's resolutions (including decisions on domain names) can be appealed through normal administrative proceedings. FICORA will be responsible for all duties in connection with the proposed act, including dispute resolution. As requests for disconnection and revocation of top-level domains must be submitted to FICORA, it would therefore not only grant and govern domain names, but also be the court of first instance in resolving disputes in domain name matters. Under the proposed act, the resolutions of FICORA may be appealed to the Administrative Court of Helsinki.
The proposal has been severely criticized. It is feared that the number of domain name disputes will increase with the abolition of the pre-examination of the right to a domain name. The provisions regarding disconnection and revocation of domain names have also been attacked, on the grounds that the procedures may impose great risks, in particular on companies active in e-commerce.
If adopted by the Parliament, the new act is expected to enter into force in March 2003.
For further information on this topic please contact Rainer Hilli or Jenni Kyntölä at Roschier Holmberg, Attorneys Ltd by telephone (+358 20 506 6000) or by fax (+358 20 506 6100) or by email ([email protected] or [email protected]).