.za dispute resolution regulations

Cybersquatting, or the bad faith registration of Internet domain names, has been plaguing businesses ever since the Internet began. South African businesses have not been immune to this phenomenon and many have sought redress in international arbitration and mediation processes, the most noteworthy being the SANLAM.COM and NANDOS.COM matters.

Unfortunately, these international dispute resolution processes have not been available to domain name disputes in the .ZA name space (i.e. XYZ.CO.ZA). As a result, South African trade mark owners have been forced to endure expensive and time consuming litigation in the High Court, in order to enforce their rights.

Thankfully, this is about to change as the Department of Communications, ably assisted by Bowman Gilfillan Attorneys, is in the process of introducing a dispute resolution mechanism specifically for the .ZA name space. This mechanism, known as the .ZA Dispute Resolution Regulations (ZADRR), will provide an efficient and cost effective means for trade mark and other name holders to protect their rights. The ZADRR are also intended to protect the legitimate interests and rights of existing domain name holders by protecting them against heavy-handed legal tactics.

The ZADRR have been developed with the layman in mind and, although recommended, legal representation will not be a pre-requisite. Substantial portions of the dispute resolution process can be administered over the Internet and the entire process could take less than 55 days to complete. The drafters of the regulations have also tried to keep official fees to an absolute minimum, whilst at the same time ensuring that the fee structures retain Adjudicators with the necessary expertise.

Widely respected for their expertise in the field of domain name dispute resolution, both in South Africa and internationally, Bowman Gilfillan Attorneys have been retained by the Department of Communications to assist with the drafting of the ZADRR.