| 1. |
What is SDRP and what is
the purpose of introducing SDRP? |
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The Singapore
Domain Name Dispute Resolution Policy (SDRP) is a framework
for resolving “.sg” domain name disputes between
a “.sg” domain name registrant and any party other
than SGNIC.
The purpose of SDRP is to provide a cheaper and quicker mechanism
than court proceedings for parties to resolve disputes concerning
the use of domain names.
SDRP is an additional channel where you can help resolve a
.sg domain name dispute (eg. trademark issues). |
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| 2. |
How does SDRP work? |
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A party who disputes
a “.sg” domain name registration has to lodge
a complaint with the Secretariat for the Singapore Domain
Name Dispute Resolution Service (Dispute Resolution Service
Provider). The Secretariat is jointly set up by the Singapore
Mediation Centre (SMC) and Singapore International Arbitration
Centre (SIAC). The Secretariat will appoint an administrative
panel for the dispute to be resolved through an administrative
proceeding. If the parties agree to resolve the dispute by
mediation, the administrative panel will facilitate discussions
between the parties to help them resolve the dispute amicably.
If either party does not agree to mediation, or if the parties
are unable to resolve the dispute amicably through mediation,
the administrative panel will decide the dispute.
The decision of the administrative panel will be implemented
by SGNIC, unless a party is dissatisfied with the panel’s
decision and applies to the court for the dispute to be decided
by the court.
More information on the Singapore Domain Name Dispute Resolution
Policy can be obtained from the website of the Secretariat
for the Singapore Domain Name Dispute Resolution Service at
http://www.disputemanager.com.sg
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| 3. |
What should I do as an existing registrant
of “.sg” domain name? |
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Existing registrants
are not required to do anything. If there has been no challenge
by a party against the use of the domain name by the registrant,
there is no dispute. The registrant can continue to use the
domain name. |
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| 4. |
Will my existing domain name be affected?
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Your existing domain
name will not be affected unless your use of your domain name
has previously been or is currently being challenged. Should
this happen, the complainant has to follow the procedure in
SDRP to lodge a complaint. Only when the complaint is found
to be valid and your usage of the domain name is found to
be illegitimate will your domain name be affected. |
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| 5. |
What should I do if I am going to register
a domain name? |
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It would be advisable
to first check the availability of a proposed domain name
on SGNIC’s webpage under the “Find a .SG Domain’.
You should also try to ensure that the domain name you choose
does not infringe the rights of any other parties. That
means the domain name you applied for:
- does not infringe any registered
trade mark in Singapore;
- is not identical to or confusingly
similar with either a registered trade mark, or a company
or business name in Singapore; and
- does not infringe the rights of
any third parties in relation to any applicable treaties
or international agreements
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| 6. |
How can I know whether the domain name I
am using run into a dispute with a party? |
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You would receive a
‘Complaint Transmittal Coversheet’ from both the
Secretariat for the Singapore Domain Name Dispute Resolution
Service - Dispute Resolution Service Provider and the party
who disputes your use of your domain name (the Complainant),
informing you that a complaint has been filed against your
domain name registration. If nobody has challenged your use
of your domain name, there is no dispute. |
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| 7. |
Is there any fee involved and who has to
pay for the fee? |
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The party who lodges
the complaint and initiates the dispute resolution procedure
will have to pay the fee. The fee has to be paid to the Secretariat
and the amount involved would depend on the choice of single
panellist or three panellists and the number of domain names
included in the complaint. The fee schedule is as follows:
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For Single Panellist |
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Number of domain
names included
in the Complaint
|
Fee (in Singapore
dollars) |
| 1 to 5 |
2,750 |
| 6 to 10 |
3,500 |
| 11 to 15 |
4,250 |
| More than 15 |
To be decided in consultation with
the Secretariat |
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For Three Panellists |
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Number of domain
names included in the Complaint
|
Fee (in Singapore
dollars) |
| 1 to 5 |
5,500 |
| 6 to 10 |
7,000 |
| 11 to 15 |
8,500 |
| More than 15 |
To be decided in consultation with
the Secretariat |
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More information on the fee schedule is available
at http://www.disputemanager.com.sg |
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| 8. |
When is it going to take effect? |
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Registrations of domain
names approved on or after 15 November 2001 will be subject
to SDRP. Existing “.sg” domain name registrants
will be subject to SDRP on or after 1 January 2002. |
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| 9. |
Does it mean I cannot start a court proceeding?
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No, you can still do
so. However, court proceeding should not be initiated while
an administrative proceeding is pending. |
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| 10. |
Can I start the court proceeding and the
SDRP process at the same time? |
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No. Though parties
are not prevented from submitting dispute to court, they should
not commence any court proceedings while an administrative
proceeding is pending.
If court proceedings are initiated before administrative proceeding
is commenced, the Administrative Panel shall decide whether
to suspend or terminate the administrative proceeding or proceed
to a decision. |
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| 11. |
Am I required to pay additional amount to
be part of this additional service? |
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No, fees for domain
name administrative proceedings are borne by the complainant.
Registrants do not need to pay the fee. The only situation
when fees are collected from registrant is when the complainant
requests for a one-member panel and the registrant wants a
three-member panel. In this instance, the fees are equally
shared between the parties. |
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| 12. |
What do I do if I do not want to accept this
SDRP? |
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You would have to terminate
your agreement with SGNIC and delete your domain name. |
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| 13. |
Can I made use of SDRP if I have a complaint
to raise against a non-.sg domain name? |
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No, you cannot. The
SDRP is for resolving “.sg” domain name dispute
only. To raise a complaint against a non-.sg domain name,
you will have to lodge the complaint with the Dispute Resolution
Service Provider appointed by the relevant foreign registry,
follow the dispute procedures they have implemented and pay
the stipulated fees. |
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| 14. |
Can SGNIC check whether a “.sg”
domain name application is in conflict with other non-.sg
domain names? If not, why? |
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No, SGNIC is not able
to do so. The Internet infrastructure does not allow a domain
name system to make exhaustive check for identical domain
names in all domain name space because domain name information
maintained by each domain name registration authority is kept
in different database. Therefore, it is technically impossible
for SGNIC to check whether a “.sg” domain name
application is in conflict with other non-.sg domain names.
The SGNIC systems can only check for identical domain names
under the “.sg” domain name space. |
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| 15. |
Can SGNIC check any infringement of “.sg”
domain name against other trademark registrations? |
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No. SGNIC was formed
as a private company to perform a technical role of administering
a domain name registry. It is not a national authority and
has no mandate to administer the trademark registration and
protection.
To check whether a domain name is registered as a trademark
in Singapore, you could approach the Intellectual Property
Office of Singapore (IPOS) at http://www.ipos.gov.sg |
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