Until recently it was only possible to recuperate domain names registered under .BR (Brazil) by filing court proceedings in Brazil based on a breach of Brazilian law, such as trade mark infringement. Understandably this was rather onerous for trade mark owners whose brands were the subject of Brazilian cybersquatting.

However the Brazilian domain name Registry, Registro.br, recently introduced an alternative dispute resolution procedure for domain names registered under .BR. This procedure appears to be loosely based on the Uniform Domain Name Dispute Resolution Policy (UDRP), although there are some significant differences. In particular the domain name in question may be identical or similar to a wider array of rights than just trade marks (for example company names, personal names, or even other domain names) and registration OR use (rather than registration AND use) of the domain name has to be in bad faith.

From a procedural point of view, complaints must be filed in Portuguese, and two organisations have been accredited to handle them, the World Intellectual Property Organisation (WIPO) and the Brazilian-Canadian Chamber of Commerce (CCBC). The introduction of an alternative dispute resolution procedure for .BR domains should make recuperation of .BR domain names much quicker and cheaper for brand owners, especially given the fact that a paperless process is also possible.

To visit the Registro.br website please go to: http://www.registro.br