Nominet, the domain name registry for all .uk domain names, held an open consultation last year on reforming the Dispute Resolution Service (the "DRS"). The consultation generated 128 responses, many of them detailed, including a large number of responses from domainers (i.e. those persons trading in domain names).

In light of the responses to the original consultation, Nominet produced a paper which suggested a number of changes to the DRS. One of the proposed changes is the introduction of a default transfer system, which would provide an automatic transfer of domain names in the event a response to a DRS complaint is not received from the domain name registrant.

The proposed change will amend the DRS to include a new process: Where there is no response to a DRS complaint by the registrant of the domain name (i.e. the owner), the complaining party will be able to obtain an automatic transfer for the domain name(s) complained about for a fee of £200 plus VAT. The proposal is that domains will not transfer immediately, but will first become non-operational for a month. This will alert the registrant that something is happening with their domain name. If the registrant then decides to file a response, it can pay £100 plus VAT to have the transfer reversed.

Current statistics show that less than 50% of complaints are responded to. The existing option for complainants where there is no response to a complaint is either to withdraw their complaint or to pay £750 plus VAT to have an independent expert appointed. The proposed change would give complainants a faster and cheaper method of obtaining the domain name where no response is received. The risk with the proposed change is that it potentially increases the possibility that the DRS process will be abused, and that multiple complaints will be commenced against the same registrant in the hope that no response is received.

The proposed introduction of a default transfer mechanism did not form part of the original consultation paper issued by Nominet. A new consultation has therefore been launched by Nominet on this proposed change only. The consultation runs until 3 October 2007.

For further information or to provide comments on the proposed change, please see Nominet’s website.

This article was written for Law-Now, CMS Cameron McKenna's free online information service. To register for Law-Now, please go to www.law-now.com/law-now/mondaq

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The original publication date for this article was 19/09/2007.