• Outline of JP Domain Name Dispute Resolution
• Process Flow of JP Domain Name Dispute Resolution
• Agents
• Panelists
• JP Domain Name Dispute Resolution
• Fees for Domain Name Dispute Resolution
• Formats and Samples for Proceedings of Domain Name Dispute Resolution
• Rules for JP Domain Name Dispute Resolution
• FAQ of JP Domain Name Dispute Resolution
• JP Domain Name Dispute Resolution
• Supplementary Procedural Rules for JP Domain Name Dispute Resolution Policy
• JP Domain Name Dispute Resolution Fee Rules

Outline of JP Domain Name Dispute Resolution

The "JP Domain Name Dispute Resolution Policy" adopted by the Japan Network Information Center (JPNIC) on July 19, 2000 is a rule in connection with the resolution of disputes between a registrant and any third party (complainant) relating to the registration of a JP domain name. This Center is an organization approved by JPNIC as a dispute-resolution service provider. The dispute resolution proceedings shall be conducted by this Center in accordance with the "JP Domain Name Dispute Resolution Policy," the "Procedural Rules for JP Domain Name Dispute Resolution Policy," and the "Supplementary Rules" and the "JP Domain Name Dispute Resolution Fee Rules" which are provided by this Center.

In the case where the complaint requests that the registration of the JP domain name in question be transferred to the complaint or cancelled, this Center shall conduct the proceedings to render a decision by a single or three member panel in neutral and impartial position. The resolution of the dispute can be achieved in the short term, since the panel renders a decision within fourteen (14) business days from the date of its appointment.

In the case where a decision of transfer or cancellation is rendered, the Japan Registry Service Co., Ltd (JPRS) shall transfer the registration to the complainant or cancel the registration based on the decision, except that the registrant of the domain name has filed a lawsuit with the jurisdictional court against the decision within ten (10) business days from the notice of the decision. In the case where a decision is rendered that the application has no ground, the registration shall be maintained.

Process Flow of JP Domain Name Dispute Resolution

*JPRS shall inform the complainant, registrant, and this Center of the implementation date of the decision, immediately after its receipt of the notice of decision.

Agents

It is possible for parties themselves to make an application for the proceedings of JP Domain Name Dispute Resolution and an answer thereto or through their agents. It is possible to appoint attorneys-at-law or patent attorneys as an agent. This Center is designated by the Minister of Economy, Trade and Industry as an arbitral organization in which patent attorneys are able to act as an agent independently under Article 4, Paragraph 2, Subparagraph 2 of the Patent Attorney Law.

Panelists

This Center'fs panelist candidates ¦1 for JP Domain Name Dispute Resolution consist of attorneys-at-law, patent attorneys, and academic experts. Those who are appointed as panelists will address the resolution of disputes, taking advantage of their own expertise and experiences. See the list and background information of panelist candidates here.

In the case where either party (the complainant or the domain name registrant) chooses a three member panel, this Center shall, in principle, appoint one panelist from the lists of candidates submitted by both parties. The third panelist shall be appointed as a chief panelist from among five candidates who have been presented to both parties by this Center.

In the case where both parties (the complainant or the domain name registrant) do not choose a three member panel, this Center shall appoint one panelist from this Center's list of panelists.

*1 Since they become panelists only after the commencement of the proceedings of JP Domain Name Dispute Resolution and their subsequent appointment as panelists, they are referred to as panelist candidates until their appointments have been confirmed.

JP Domain Name Dispute Resolution

The complainant shall submit a written application to this Center against the registrant of the JP domain name, in accordance with the "JP Domain Name Dispute Resolution Policy" the "Procedural Rules for JP Domain Name Dispute Resolution Policy," and the "Supplementary Procedural Rules for JP Domain Name Dispute Resolution Policy."

In the case where the complainant submits a written application to this Center, the registrant has an obligation to follow these dispute resolution proceedings, pursuant to the registration rules of JPNIC which refer to the JP Domain Name Dispute Resolution Policy. The complainant and the registrant may entrust these dispute resolution proceedings to an agent.

In order to simplify the submission procedure of a written application and a written answer, this Center provides the following model formats for a written application and a written answer. Please use these formats when the complainant and the registrant go through the procedure.

Format for Application

Please download the model format of a written application (a word file), fill it out, and electronically transmit it as an e-mail attachment to the e-mail addres：jpdomain-disputes@ip-adr.gr.jp which this Center has designated.

In addition, please print out the prepared written application in word file format (a signature and seal of the complainant or its agent are required), and send one original copy of three duplicates thereof (five duplicates in cases that are heard by a three member panel) to this Center by certified e-mail. Each original copy and duplicate shall be accompanied by the relevant documents which have not been able to be sent by e-mail.

» Download

Format for Answer

Please download the model format of a written answer (a word file) , fill it out, and electronically transmit it as an e-mail attachment to the e-mail addres：jpdomain-disputes@ip-adr.gr.jp which this Center has designated.

In addition, please print out the prepared written answer in word file format (a signature and seal of the complainant or its agent are required), and send one original copy of three duplicates thereof (five duplicates in cases that are heard by a three member panel) to this Center by certified e-mail. Each original copy and duplicate shall be accompanied by the relevant documents which are not able to be sent by e-mail.

» Download

Fees for Domain Name Dispute Resolution

This Center's fees are as follows. The fees as set forth in this section should be paid to the bank account. For more information, please refer to the "JP Domain Name Dispute Resolution Fee Rules." As for the procedure or fees after a decision of transfer is rendered, please contact the registration organization (JPRS).

（1）Application Fee (Tax included)

1. In cases that are heard by one (1) panelist

The application fee to be paid by the applicant shall be 189,000 yen. (Provided however, in cases where the number of the subject domain names in the same written application is four or more, 10,500 yen for each additional domain beyond the fourth domain shall be assessed.)

2. In cases that are heard by three (3) panelists

The application fee to be paid by the applicant shall be 378,000 yen. (Provided however, in cases where the number of the subject domain names in the same written application is four or more, 21,000 yen for each additional domain beyond the fourth domain shall be assessed.)
In cases where the registrant chooses to increase the number of panelists from one to three in a written answer, it shall pay the same amount of fee as paid by the complainant to this Center.

（2）Hearing Fee (Tax included)

In the case where hearing proceedings have been initiated, the complainant and registrant shall each pay to this Center 15,750 yen as the relevant hearing fee, before the date of hearing.

（3）Other Costs (Tax included)

Costs associated with, interpretation, expert testimony, daily allowance for witnesses, traveling expenses and accommodation costs in the case of panelists' business trip, and the like, shall be borne equally by the complainant and registrant, and shall be paid to this Center in advance.

（4）Once the fee has been paid to this Center such fee is non-refundable. Provided however, in the case where an application is withdrawn before the appointment of panelists, a refund, minus a 31,500 yen deduction, will be made to the complainant and in the case where an application is withdrawn after the appointment of panelists has been made, yet before a decision has been rendered, an amount decided at this Center's discretion, and taking into consideration the progress of the case up to that point, shall be reimbursed to the complainant.

Beneficiary Bank Account

Japan Intellectual Property Arbitration Center
Mitsui Sumitomo Bank Kasumigaseki branch office
Ordinary Deposit Account No. 6559091

Formats and Samples for Proceedings of Domain Name Dispute Resolution

Please see the following formats for the proceedings of Domain Name Dispute Resolution.
（1）Written Application for Domain Name Dispute Resolution
（2）Written Answer to Proceedings of Domain Name Dispute Resolution
（3）Power of Attorney (Japanese)

Please refer to the following samples which are provided as supplementary materials to show how to fill out each format
（1）Sample of Written Application for Domain Name Dispute Resolution (In the process of being created. Thank you for your patience.)
（2）Sample of Written Answer to Proceedings of Domain Name Dispute Resolution (In the process of being created. Thank you for your patience.)

Rules for JP Domain Name Dispute Resolution

JP Domain Name Dispute Resolution shall be conducted in accordance with the following policies and rules.
（1）JP Domain Name Dispute Resolution Policy
（2）Procedural Rules for JP Domain Name Dispute Resolution Policy
（3）Supplementary Procedural Rules for JP Domain Name Dispute Resolution Policy
（4）JP Domain Name Dispute Resolution Fee Rules

FAQ of JP Domain Name Dispute Resolution

JP Domain Name Registration Organization (JPRS)
Name: Japan Registry Service Co., Ltd.
Address: Chiyoda First Bldg. East 13F, 3-8-1 Nishi-Kanda Chiyoda-ku, Tokyo, 101-0065
TEL: 03-5215-8451 FAX: 03-5215-8452 URL:http://jprs.co.jp/

JP Domain Name Dispute Resolution

* Decisions are available by clicking on the Decision column.

Supplementary Procedural Rules for JP Domain Name Dispute Resolution Policy

Article 1 (Purpose)

1. The purpose of these supplementary rules are to provide more detailed guidance when the Japan Intellectual Property Arbitration Center (hereinafter, the "Center") conducts JP Domain Name Dispute Resolution Proceedings based on "Procedural Rules for JP Domain Name Dispute Resolution Policy" (hereinafter, the "Procedural Rule") adopted by Japan Network Information Center (hereinafter, "JPNIC").
2. When a complaint requesting the initiation of JP Domain Name Dispute Resolution Proceedings is made to the Center, the version of these supplementary rules in effect at the time such complaint is made shall be applied.

Article 2 (Definition)

1. Among terms used in these supplementary rules, those terms which are the same as those used in the Procedural Rule shall have the same meaning as in the Procedural Rule.
2. In these supplementary rules, "business days" shall mean days when the Center conducts its normal business, except Saturdays, Sundays, Holidays, and other days as prescribed by the Center.

Article 3 (Submission Procedure of Documents)

1. Documents, which are to be submitted pursuant to Article 3, Paragraph (b) or Article 5, Paragraph (b) of the Procedural Rule, shall be submitted by either of the two following:
1. By postal service; or
2. By e-mail (except those relevant documents which cannot be sent by e-mail).
2. When documents are submitted to the Center under this article, Paragraph (a), Item (i), three copies of duplicates thereof shall be attached thereto.
3. When documents are sent to the Center by e-mail under this article, Paragraph (a), Item (ii), they shall be sent to an e-mail address which the Center designates separately.
4. The Center shall keep the documents submitted to the Center, separately.

Article 4 (Examination of Written Complaint)

1. In the case where a written complaint is submitted, the Center shall, after the payment of the required fee(s) have been made pursuant to Article 19 of the Procedural Rule, examine whether the written complaint complies with the Procedural Rule, these supplementary rules, and the "JP Domain Name Dispute Resolution Policy" (hereinafter, the "Policy") which has been adopted by JPNIC and is a part of the "Registration Rule" established by Japan Registry Services Co., Ltd. (hereinafter, "JPRS") by being referred to therefrom, and in the case where any defect is found, it shall give notice to the Complainant to that effect.
2. In the case where the Complainant does not correct the defect as provided in the preceding paragraph within five days (business days) as prescribed for in Article 4 Paragraph (b) of the Procedural Rule, such complaint shall be deemed withdrawn. Provided, in this case, the Complainant may make another complaint.

Article 5 (Sending of Written Complaint)

The Center shall conduct the examination of the written complaint as provided for in the preceding article, Paragraph (a), and in the case where no defect in the complaint is found, it shall send the written complaint to the Registrant within three days (business days) from the date of receipt of fee as prescribed for in Article 19 of the Procedural Rule.

Article 6 (Chief Panelist)

In the case where the Complainant or Registrant choose a three member panel, the third panelist, who shall be designated by the Center pursuant to the third sentence of Article 6, Paragraph (e) of the Procedural Rule, and shall be a chief panelist who currently presides over JP Domain Name Dispute Resolution Proceedings.

Article 7 (Correspondence and Notice Procedure)

1. The correspondence between the Center and appointed panelists shall be undertaken via telephone, e-mail, or by other means as prescribed by the Center.
2. Forms of the correspondence and notice documents, which are to be sent to the Complainant, Registrant, and panelists from the Center, shall be the forms as prescribed by the Center separately.

Article 8 (Fee)

The fee required for use of the JP Domain Name Dispute Resolution Proceedings shall be prescribed by "Rules for JP Domain Name Dispute Resolution Fee" which is a part hereof.

Article 9 (Limit on Number of Characters)

1. The grounds for complaint shall be written within 10,000 words (including punctuation).
2. Answer to the statements and allegations in the written complaint shall be written within 10,000 words (including punctuation).
3. With regard to decisions and dissenting opinions, no limit on the number of characters shall be imposed.

Article 10 (Amendment)

The Center may amend these supplementary rules at any time and in such case where the Policy or the Procedural Rule is amended, or where the Center deems it necessary.

Article 11 (Exclusion of Liability)

The Center, panelists, case managers and staff of the Center, and any other relevant persons shall not be liable as to the content and result of the JP Domain Name Dispute Resolution Proceedings, except in the case of intentional tort.

Supplementary Provisions

These supplementary rules shall come into force effective October 19, 2000.

JP Domain Name Dispute Resolution Fee Rules

Article 1 (Purpose)

These rules provide for fees in connection with JP Domain Name Dispute Resolution Proceedings handled by the Japan Intellectual Property Arbitration Center (hereinafter, the "Center") as an authorized Provider. These rules shall be a part of the "Supplementary Procedural Rules for JP Domain Name Dispute Resolution Policy."

Article 2 (Fee)

1. The Complainant shall, when it submits a written application, pay the entire fee, as provided for in Appendix 1, to the Center.
2. Once the fee has been paid to the Center such fee is non-refundable. Provided however, in the case where an application is withdrawn before the appointment of panelists, a refund, minus a 30,000 yen deduction, will be made to the complainant and in the case where an application is withdrawn after the appointment of panelists has been made, yet before a decision has been rendered, an amount decided at the Center's discretion, and taking into consideration the progress of the case up to that point, shall be reimbursed to the Complainant.
3. Where the Registrant chose to increase the number of panelists from one to three in a written answer, it shall immediately disburse the same amount of fee as disbursed by the Complainant to the Center.

Article 3 (Hearing Fee)

In the case where hearing proceedings have been initiated, the Complainant and Registrant shall each pay to the Center 15,000 yen as the relevant hearing fee, before the date of hearing.

Article 4 (Other Costs)

In principle, the Center shall not charge the Complainant and Registrant for costs other than those provided for in Articles 2 and 3 of these rules. Provided however, costs associated with, interpretation, expert testimony, daily allowance for witnesses, traveling expenses and accommodation costs in the case of panelists' business trip, and the like, shall be borne equally by the Complainant and Registrant, and shall be paid to the Center in advance.

Article 5 (Consumption Tax)

The amount of fees and other costs as provided for in these rules do not include the consumption tax imposed on the Center's services pursuant to the Consumption Tax Act and shall be levied separately (Law No.108 of 1988).

Supplementary Provisions

These rules shall come into force effective October 19, 2000.