(a) (a) Relationship to Appendix to the Dispute Resolution Regulation for Settling Disputes Related to the Registration of Domain Names, Trademarks and Trade Names. These WIPO Supplemental Rules are to be read and used in connection with the Appendix Concerning Standard Proceedings for Settlement of Disputes Related to Domain Name Registration (“Appendix to the Dispute Resolution Regulation”).
(b) Version of WIPO Supplemental Procedures. The version of these WIPO Supplemental Rules as in effect on the date of the submission of the complaint shall apply to the administrative proceeding commenced thereby.
Any term defined in the Regulation for Settling Disputes Related to the Registration of Domain Names, Trademarks and Trade Names (“Dispute Resolution Regulation”) shall have the same meaning in these WIPO Supplemental Rules.
(a) Modalities. Subject to Clauses 3.b and 5.b of the Appendix to the Dispute Resolution Regulation, except where otherwise agreed with the WIPO Arbitration and Mediation Center (the “WIPO Center”), any submission that may or is required to be made to the WIPO Center or to an Administrative Panel pursuant to these Dispute Resolution Procedure, may be made either:
(i) by electronic mail (e-mail) using the address domain.disputes@wipo.int; or
(ii) hrough the WIPO Center’s Internet-based case filing and administration system.
(b) Archive. The WIPO Center shall maintain an archive of all communications received or required to be made under the Dispute Resolution Regulation.
(a) Complaint Including Annexes. The complaint including any annexes shall be submitted electronically in complete form (in accordance with Paragraph 12(a) below).
(b) Complaint Transmittal Coversheet. . The Complainant shall be required to send or transmit its complaint under cover of the Complaint Transmittal Coversheet set out in Annex A hereto and posted on the WIPO Center’s web site.
(a) Deficiency Notification. The WIPO Center shall, within three (3) days from the date of collecting the fees , review the complaint for compliance with the formal requirements of the Dispute Resolution Regulation, the Appendix to the Dispute Resolution Regulation, and the WIPO Supplemental Rules and notify the Complainant of any deficiencies therein.
(b) Withdrawal. If the Complainant fails to remedy any deficiencies identified by the WIPO Center within the time period provided for in Clause 4.e of the Appendix to the Dispute Resolution Regulation (i.e., five (5) calendar days), the WIPO Center shall notify the Complainant, the Defendant, and the Telecommunications Regulatory Authority (“the Authority”) of the deemed withdrawal of the complaint.
(c) Fee Refunds. Unless the Complainant confirms its intention to re-submit a complaint to the WIPO Center following a deemed withdrawal, the WIPO Center shall refund the fee paid by the Complainant pursuant to Clause 19 of the Appendix to the Dispute Resolution Regulation, less a processing fee as set forth in Annex B.
(d) Complaint Notification Instructions. . In accordance with Clause 4.c of the Appendix to the Dispute Resolution Regulation, the WIPO Center shall forward the complaint electronically to the Defendant.
(a) Notification. The WIPO 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 shall provide administrative assistance to the Panel or a Panelist, but shall have no authority to decide matters of a substantive nature concerning the dispute.
The response including any annexes shall be submitted electronically in complete form (in accordance with Paragraph 12(b) below).
(a) Party Candidates. Where a Party is required to submit the names of three (3) candidates for consideration for appointment by the WIPO Center as a Panelist (i.e., in accordance with Clauses 3.10, 5.5, 6.c and 6.d of the Appendix to the Dispute Resolution Regulation), that Party shall provide the names and contact details of its three candidates in the order of its preference. In appointing a Panelist, the WIPO Center shall, subject to availability, respect the order of preference indicated by a Party.
(b) Third member of the Administrative Panel
(i) The third Panelist appointed in accordance with Clause 6.e of the Appendix to the Dispute Resolution Regulation shall be the Third member of the Administrative Panel.
(ii) The WIPO Center shall send the list of candidates to the two Parties, and each Party should reply with the ordered list based on their preference or as agreed by the two parties on the identity of the Third member of the Administrative Panel.
(iii) If the Parties reach an agreement on the identity of third member, the Parties shall notify the WIPO Center in writing of such agreement no later than five (5) calendar days after receiving the list of candidates provided for in Clause 6.e of the Appendix to the Dispute Resolution Regulation.
(iv) If a Party fails to indicate its order of preference for the Third member of the Administrative Panel to the WIPO Center and no agreement is reached, the WIPO Center shall nevertheless proceed to appoint the Third member of the Administrative Panel.
(c) Defendant Default
Where the Defendant does not submit a response or does not submit the payment provided for in Clause 6.c of the Appendix to the Dispute Resolution Regulation by the deadline specified by the WIPO Center, the WIPO Center shall proceed to appoint the Administrative Panel, as follows:
(i) If the Complainant has designated a single member Panel, the WIPO Center shall appoint the Panelist from its published list;
(ii) If the Complainant has designated a three member Panel, the WIPO Center shall, subject to availability, appoint one Panelist from the names submitted by the Complainant and shall appoint the second Panelist and the Third member of the Administrative Panel from its published list.
In accordance with Clause 7 of the Appendix to the Dispute Resolution Regulation, prior to appointment as a Panelist, a candidate shall be required to submit to the WIPO Center a Declaration of Independence and Impartiality using the form set out in Annex C hereto and posted on the WIPO Center’s web site.
The applicable fees for the administrative procedure are specified in Annex B hereto and posted on the WIPO Center’s web site.
(a) The word limit under Clause 3.b.8 of the Appendix to the Dispute Resolution Regulation shall be 5,000 words.
(b) The word limit under Clause 5.b.1 of the Appendix to the Dispute Resolution Regulation shall be 5,000 words.
(c) For the purposes of Clause 15 of the Appendix to the Dispute Resolution Regulation, there shall be no word limits.
(a) The file size and format modalities under Clause 3.b of the Appendix to the Dispute Resolution Regulation shall be as set forth in Annex D hereto and posted on the WIPO Center’s website.
(b) The file size and format modalities under Clause 5.b of the Appendix to the Dispute Resolution Regulation shall be set forth in Annex D hereto and posted on the WIPO Center’s website.
In accordance with Clause 17 of the Appendix to the Dispute Resolution Regulation, if before the panel’s decision is given the Parties agree on a settlement, the Parties shall notify the Center, for example by submitting the Standard Settlement Form as set forth in Annex E hereto and posted on the Center’s website. An email version of the Center’s Standard Settlement Form is also available upon request by the Parties.
Subject to the Appendix to the Dispute Resolution Regulation, the WIPO Center may amend these WIPO Supplemental Rules in its sole discretion.
Except in respect of deliberate wrongdoing, an Administrative Panel, the World Intellectual Property Organization and the WIPO Center shall not be liable to a party, a concerned registrar or the Authority for any act or omission in connection with the administrative proceeding.