oa Juta's Business Law - The new domain name dispute resolution structure
Disputes regarding domain names in South Africa were, up to now, dealt with in the civil courts. The bases for relief were either trademark infringement or passing off. However, it is now possible to lodge a complaint against the registration of a domain name in terms of statutory provisions that allow for the resolution of a domain name dispute by an adjudicator. The particular regulations, known as the Alternative Dispute Resolution Regulations, were issued in terms of the Electronic Communications and Transactions Act 25 of 2002 ('the Act') and published on 22 November 2006 (GN R1166 Government Gazette 29405 (Reg Gaz 8587) (available at http://www.domaindisputes.co.za). The South African Institute of Intellectual Property Law ('the Institute'), which represents all the major intellectual property law firms in South Africa, played an important role in the formulation of the regulations.
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