Regulation on the settlement of the domain name ".VN" in dispute

THE GOVERNMENT

Decree No. 72/2013/ND-CP dated July 15, 2013 of the Government on management, provision and use of Internet services and online information

Article 16. Dispute settlement on domain names

1. Disputes over the registration and use of “.vn" domain names shall be settled through:

a) Negotiation and conciliation;

b) Arbitration;

c) Court lawsuits.

2. Grounds for settling disputes over domain names at the request of the plaintiff:

a) The domain name under dispute is identical or confusingly similar to the domain name of the plaintiff; identical or confusingly similar to a trademark or service brand name over which the plaintiff has the rights or lawful interests;

b) The respondent has no lawful right or interest related to the domain name;

c) The respondent leases out or transfer the domain name to the plaintiff who owns the brand name or trademark that is identical or confusingly similar to the domain name; leases out or transfer the domain name to a competitor of the plaintiff for self-seeking purposes or for illicit profits.

d) The respondent appropriates the domain or prevents the plaintiff who owns the brand name or trademark from registering the corresponding domain name for unhealthy competition purposes;

dd) The respondent uses the domain name to tarnish the reputation of the plaintiff, obstruct the business of the plaintiff, or cause confusion and destroy the trust of the public in the brand name or trademark of the plaintiff for unhealthy competition purposes.

e) Other cases in which the respondent's use of the domain name is proved to violate lawful rights and interests of the plaintiff.

3. The respondent is considered to have lawful rights and interests related to the domain name if one of the conditions below is satisfied:

a) Having used or having clear evidence that he/she/it is preparing to use the domain name or the corresponding name for the real provision of products, goods or services before the dispute arises.

b) Being known to the public for the domain name though having no right to trademark or goods or service brand name;

c) Having been using the domain name lawfully for non-commercial purposes or having used the domain name legitimately for non-commercial purposes or without causing public misunderstanding or confusion, which affects the name, trademark or goods or service brand name of the plaintiff;

d) Having other proof of the legitimacy of the domain name of the respondent.

4. The domain management authority shall settle the dispute over the domain in accordance with the records of successful conciliation between disputing parties, or the legally effective awards of the arbitration body, or the legally effective judgments or decisions of the court.