Complaint for a Decision

Complaint for a Decision

What kind of complaint can be made to the Center in connection with a JP Domain Name Dispute (dispute relating to domain name between a registrant of domain name and a third party, arising out of the registration and use of a JP domain name) ?

It is possible to make an complaint for a decision of transfer or cancellation of a JP domain name registration, in the case where a registered domain name which is the subject of a JP domain name dispute is identical or confusingly similar to any mark such as trademark or service mark in which a third party has rights or legitimate interests, and the registrant has no rights or legitimate interests with respect to registration of such domain name, and such domain name of the registrant has been registered or is being used in bad faith.

Types of Complaint

Is it possible to make a complaint for a decision to the Center with respect to registration of domain names other than JP domain names, such as ".com" or ".org"?

In the Center, only the registration of JP domain names shall be the subject of a complaint for a decision. A complaint for a decision with respect to registration of domain names other than JP domain names can be made to other providers, such as, WIPO, NAF, CAC, ADNDRC, ACDR, and CIIDRC. For more information, please contact each organization.

How to Submit the Filing Documents

Is it necessary to submit a written complaint or a written answer and other related documents in hard copy to the Center for JP domain name dispute resolution?

The parties need to submit the written complaint and the written answer in both Word and PDF files, and evidences and other related documents in PDF file by uploading on the specific folder of the online storage, and notify the submission by email to the e-mail address： which the Center has designated.

Time Limit of Payment for Fee

Upon filing a complaint for JP domain name dispute resolution, payment of fee might be required. By when shall such payment be made?

Please make a payment to the Center within ten business days after the Center's receipt of a written complaint. If the payment is not made within this time frame, a complaint shall be deemed to be withdrawn and the proceedings shall be terminated, unless the Center considers to be unavoidable.

Number of Required Complaints

Is it possible to make a complaint for a decision with respect to multiple registrations of JP domain names to the Center with one written complaint?

Yes, it is possible if the multiple registrations of domain names belong to the same registrant. In cases where the number of the subject domain names in the same written complaint is four or more, additional fees are required.

Complaint by a Foreigner

Is it possible to make a complaint for a decision with respect to registration of domain name to the Center by a foreigner who has its address abroad? Is it possible to use foreign languages in the proceeding?

Yes, it is possible to make a complaint by a foreigner or foreign entity that has its address abroad. (For more information, please contact the registration organization, Japan Registry Service Co., Ltd. (JPRS).)
In principle, the Japanese language is available for the proceeding.

Attachment of Documentary Evidence

When we attach documentary evidences to a written complaint for JP domain name dispute resolution, is it necessary to submit the originals of such documentary evidences?

The copies of documentary evidences shall be submitted by PDF file, and the originals need not to be submitted. However, the Center may request the submission of originals, if the authenticity of the documents is in dispute.

Appointment of a Panel

Appointment of a Panel

How a panel is appointed?

In the case where either of the parties (the complainant or the JP domain name registrant) chooses a three member panel, each party shall, in principle, select three candidates from among the Center's list of panelists, and then the Center shall appoint one panelist from each of those three candidates. The third panelist shall be appointed as a chief panelist by the Center.
In the case where neither of the parties (the complainant or the JP domain name registrant) chooses a three member panel, the Center shall appoint one panelist from the Center's list of panelists.

Panelists

What are the backgrounds of individuals listed as panelist candidates who will comprise the Center's panel?

Attorneys-at-law, patent attorneys, and academic experts who have adequate experience in the area of intellectual property are listed. Please refer to the "List of Panelist Candidates" contained on the Center's Japanese web page.

Replacement of Panelists

Are there any cases in which a panelist who has been appointed by the Center is replaced with another panelist in the course of the proceedings?

In the case where any doubts have been pointed out as to the impartiality or independence of a panelist who has been appointed by the Center, such panelist can be replaced by the Center, according to need, after factual investigation is performed. In the case where you have any doubts as to the impartiality or independence of a panelist who has been appointed by the Center, please contact the Center's secretariat.

Impartiality and Independence of Panelists

Are impartiality and independence of panelists maintained?

Upon appointment of panelists, the Center takes great care with respect to the impartiality and independence of panelists. The Center requests that the panelists submit a written oath, to ensure that impartiality, independence and neutrality are adequately maintained. In the case where any doubts exist as to the impartiality and independence of a panelist, replacement of a panelist is possible.

Decision by the Panel

Based on what does the panel decides the case?

The panel shall render a decision based on the submitted statements and documents including a written complaint and a written answer, as well as the results of hearing which is held in an exceptional matter with special situation. However, the panel may, at its discretion, request additional statements or documents from either of the parties in addition to the written complaint and the written answer.

JP Domain Name Dispute Resolution Proceedings

Appearance in the Center

Is it necessary to appear in the Japan Intellectual Property Arbitration Center?

No, it is not necessary for either the complainant or the registrant to physically appear before the panelists at the Center, since the JP domain name dispute shall, in principle, be examined and resolved based on the submission of (electronic) documents.

Duration for Resolutions, Extension of Deadline for Submission of Written Answer, and Suspension and Termination by Settlement

How long does it take to resolve a dispute? May the duration be extended?

In principle, a decision shall be rendered within fifty seven business days from a receipt of a written complaint. That is, it can be said that the duration from submitting a complaint to rendering a decision shall be about two months, including weekends and holidays and other non-working days as prescribed by the Center.
However, if the registrant requests the extension of the deadline for the submission of the written answer, the deadline will be automatically extended for four (4) business days, and, in exceptional cases, further extension may be granted (Rules Article 5 (d)).
Moreover, the parties may submit to the Center a motion to request the suspension of the proceeding for the reason that the parties are discussing settlement. When the parties reach a settlement before the decision by the panel, a summary of settlement between the parties (the form (Word file) can be downloaded below.) need to be submitted to the Center. (Rules Article 17 (b), Supplemental Rules Article 12).
» Download

Non-Submission of Written Answer

How are the proceedings to be conducted if the registrant of a JP domain name does not submit a written answer?

In the case where the registrant does not submit a written answer, in the absence of exceptional circumstances, the panel shall render a decision based on a written complaint (Rules Article 5 (f)), but does not treat that the registrant admitted all the complaint. Non-submission of the written answer is described in "Procedural History" of the decisions. The decisions are published on JPNIC's website and linked from the Center's web page.

Number of Times for Submission of Documents

Are there any chance to submit additional statements or documents except for submitting a written complaint and a written answer?

Submission of additional statements or documents is admitted only when the panel requests so (Rules Article 12).

Relation with Lawsuit

Difference between the Center's Proceedings and Lawsuit

What is the difference between the lawsuit with regard to domain name disputes at the court and JP domain name dispute resolution at the Center?

The injunction against the use of domain name may be applied at the court against the registrant of domain name in accordance with the Unfair Competition Prevention Act. However, the cancellation or transfer of a domain name registration has no legal ground. It is necessary to file a complaint for a decision to cancel or transfer a domain name registration to the Center pursuant to the "JP Domain Name Dispute Resolution Policy" and the "Rules for JP Domain Name Dispute Resolution Policy." In the case where a complaint is filed to the Center, the Center shall keep the registration organization, Japan Registry Service Co., Ltd. (JPRS), informed as to the commencement of the proceedings and the result of its decision with respect to such complaint. Upon this communication, JPRS shall limit transfer of domain name until fifteen business days after JP domain name dispute resolution proceedings is concluded.

Standard of Judgment in the Center's Proceedings and Lawsuit

Is a decision rendered in a lawsuit based on the same standard of judgment as in the Center's proceedings? If not, what is the difference?

In a lawsuit, a decision is to be rendered pursuant to laws such as the Unfair Competition Prevention Act. On the other hand, in the Center's proceedings, a decision is to be rendered pursuant to the "JP Domain Name Dispute Resolution Policy (JP-DRP)," so the standards of judgment between them are different. In the Center's proceedings, a decision shall be rendered in a short term, for about two months, based, in principle, on only a written complaint, a written answer, and documentary evidences which are submitted with them. If the complainant fails to submit adequate evidences in the beginning, a complaint can be dismissed for lack of proof.

Relationship between the Center's Decision and a Decision Rendered by a Court

What kind of relationship is there between a decision in the Center's proceedings and a decision rendered by a court in a lawsuit?

There is no direct relation between the two decisions. If the registrant files a lawsuit with the court within ten business days after a decision of cancellation or transfer of JP domain name is rendered by the Center, the implementation of a decision shall be postponed. Such implementation shall be postponed by the registration organization, Japan Registry Service Co., Ltd. (JPRS), pursuant to "JP Domain Name Dispute Resolution Policy (JP-DRP)," but not by the Center.

Filling of Lawsuit

In the case where the registrant of a domain name is dissatisfied with a decision of cancellation or transfer of a JP domain name, what kind of complaint shall the registrant file with the court?

"JP Domain Name Dispute Resolution Policy (JP-DRP)" does not provide for what kind of complaint shall be filed with the court. It is left to the registrant's judgment. So far, complaints seeking to confirm the right to use a registered domain name or a complaint seeking to confirm the non-existence of the right to demand an injunction prohibiting of the use of a domain name have been filed, for example.

Another Complaint

A complaint for a decision to transfer had been dismissed, but we won a lawsuit seeking an injunction against the use of a domain name against the registrant. Is it necessary for us to make a complaint for a decision to transfer to the Center once again?

Under the current "JP Domain Name Dispute Resolution Policy (JP-DRP)," transfer without a decision to transfer by the Center is not allowed. It is necessary to make a complaint for a decision to transfer to the Center once again.

Other Matters

Legal Consultation

Does the Center provide legal consultation in connection with JP domain name disputes?

Yes, the Center provides the consultation service. Please contact the Center's secretariat.

Target Date for Implementation of Decisions

There are some cases in which decisions have already been rendered, but the implementation of such decisions has not been completed, despite the fact that it is now past the target date for such implementation. Have lawsuits been filed with respect to these cases?

The implementation of decisions shall be conducted by the registration organization, Japan Registry Service Co., Ltd. (JPRS). Please contact JPRS (Please refer to the following).

Complaint for Transfer

There is a domain name which is similar to our trademark, and we are thinking about making a complaint for transfer. How can we obtain the address and name of the registrant?

It is impossible for the Center to investigate. Please check the WHOIS service (https://whois.jprs.jp/) administered by the JP domain name registration organization, Japan Registry Service Co., Ltd. (JPRS) (Please refer to the following).

Preparation for Transfer Procedure

What kind of information should the complainant prepare for the transfer procedure, in the case where a decision to transfer was rendered in a domain name dispute and a lawsuit is not filed?

Please contact the registration organization, Japan Registry Service Co., Ltd. (JPRS) (Please refer to the following).

Gathering Information, Dispatch of Lecturers

We'd like to gather information about a domain name dispute or ask the Center to dispatch lecturers. What should we do?

Please contact the Center's secretariat.

Training of Panelist Candidates and Case Managers

How are panelist candidates or case managers trained?

The Center holds seminars on the topic of JP domain name dispute resolution regularly.