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WIPO Arbitration and Mediation Center - Domain Name Disputes (New gTLDs)

World Intellectual Property Organization
Supplemental Rules for Start-up Trademark Opposition Policy for .biz

(the "WIPO Supplemental STOP Rules")

(In effect as of November 19, 2001)

 

1. Scope

(a) Relationship to STOP Rules. These WIPO Supplemental STOP Rules are to be read and used in connection with the Rules for Start-up Trademark Opposition Policy for .biz adopted by NeuLevel, Inc. and approved by ICANN on May 11, 2001 ("STOP Rules").

(b) Version of WIPO Supplemental STOP Rules. The version of these WIPO Supplemental STOP Rules as in effect on the date of the submission of the complaint shall apply to the administrative proceeding commenced thereby.

 

2. Definitions

Any term defined in the STOP Rules shall have the same meaning in these WIPO Supplemental STOP Rules.

 

3. Communications

(a) Modalities. Subject to Paragraphs 3(b) and 5(b) of the STOP Rules, except where otherwise agreed beforehand with the Center, any submission that may or is required to be made to the Center or to an Administrative Panel pursuant to these STOP Rules, may be made: by telecopy or facsimile transmission, with a confirmation of transmission; or by electronic mail (e-mail) using the address specified by the Center.

(b) E-Mail Address. For the purposes of any communications by electronic mail to the Center, including those required under Paragraphs 3(b) and 5(b) of the STOP Rules, the following address should be used: biz.stop@wipo.int

(c) Copies. When a paper submission is to be made to the Center by a Party, it shall be submitted in three (3) sets together with the original of such submission.

(d) Archive. The Center shall maintain an archive of all communications received or required to be made under the STOP Rules.

 

4. Submission of Complaint

(a) STOP Complaint Transmittal Coversheet. In accordance with Paragraph 3(c)(xi)of the STOP Rules, the Complainant shall be required to send or transmit its complaint under cover of the STOP Complaint Transmittal Coversheet.

(b) Registrar Notification. The Complainant shall provide a copy of the complaint to the concerned Registrar(s) at the same time as it submits its complaint to the Center.

(c) STOP Complaint Notification Instructions. In accordance with Paragraph 4(a) of the STOP Rules, the Center shall forward the complaint to the Respondent together with the instructions set out in Annex B hereto.

 

5. Appointment of Case Administrator

(a) Notification. The Center shall advise the Parties of the name and contact details of a member of its staff who shall be the Case Administrator and who shall be responsible for all administrative matters relating to the dispute and communications to the Administrative Panel.

(b) Responsibilities. The Case Administrator may provide administrative assistance to the Administrative Panel or a Panelist, but shall have no authority to decide matters of a substantive nature concerning the dispute.

 

6. Declaration

In accordance with Paragraph 7 of the STOP Rules, prior to appointment as a Panelist, a candidate shall be required to submit to the Center a Declaration of Independence and Impartiality using the form set out in Annex C hereto.

 

7. Fees

(a) STOP Schedule of Fees. The applicable fees for the administrative procedure are specified in Annex D hereto.

(b) Fee Refunds. In the event of a termination under Paragraph 4(b) of the STOP Rules, the Center shall refund the fee paid by the Complainant pursuant to Paragraph 18 of the STOP Rules, less a processing fee.

 

8. Word Limits

(a) The word limit under Paragraph 3(c)(ix) of the STOP Rules shall be 5,000 words.

(b) The word limit under Paragraph 5(c)(i) of the STOP Rules shall be 5,000 words.

(c) For the purposes of Paragraph 15(e) of the STOP Rules, there shall be no word limits.

 

9. Amendments

Subject to the Start-up Trademark Opposition Policy for .biz (STOP) and STOP Rules, the Center may amend these WIPO Supplemental STOP Rules in its sole discretion.

 

10. Exclusion of Liability

Except in respect of deliberate wrongdoing, an Administrative Panel, the World Intellectual Property Organization and the Center shall not be liable to a party, a concerned registrar, the Registry Operator or ICANN for any act or omission in connection with the administrative proceeding.

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