Dispute resolution for .se

As of June 26, 2017, ADR for the toplevel domain .se will be administered by WIPO (World Intellectual Property Organization).

http://www.wipo.int/amc/en/domains/cctld/se/index.html

NOTE: The ADR for the .se domain managed by WIPO means that the application, response and decision is administered via WIPO from June 26, 2017. Otherwise, no changes to the procedure occur.

As early as 2003, new, more simple rules for dispute resolution were created. At the same time, the rules for domain name allocation were changed to the principle of “first-come, first-serve”, i.e. the first party to apply for an available domain gets it without preliminary examination. If you consider that someone else has registered a domain name to which you are entitled, you have the right to appeal against the allocation of this domain name through the ADR. Speed, effectiveness and legal security are IIS’s guidewords for dispute resolution.

Three prerequisites

In order for a party petitioning for dispute resolution to achieve success, that party must show that three prerequisites – necessary conditions – are met.

  • The applicant must have a right (e.g. a brand or company name) valid in Sweden.
  • The registrant of the domain name shall have acted in bad faith when he/she registered or used the domain name.
  • The registrant shall also have no right or justified interest in the domain name.

In order to win a dispute, the petitioning party must show that all three prerequisites are met.

Rules for ADR

Here you can find the terms and conditions of registration and Instructions governing Alternative Dispute Resolution.

ADR Accelerated Proceeding

On February 15, 2011, IIS introduces the possibility to choose accelerated proceeding as a complement to standard ADR if the domain owner does not respond to the ADR application. It involves the possibility for the applicant to have an accelerated process of a case provided that the counterparty does not respond to the ADR application. When a case is handled as accelerated proceeding, the case is always tried by one arbitrator. The arbitrator shall consider all conditions applicable in a standard ADR case, however the arbitrator shall decide on the case within 10 days as opposed to 20 days. The decision is provided only with a brief explanation.

Because the accelerated proceeding is only applied if the domain owner do not reply to the application a whole application fee, according to the table of  ADR costs, should be paid at the same time that the application is sent to WIPO.  Read more about ADR Accelerated Proceeding.

The ideas behind ADR

Additional information about the ideas behind the regulations can be found in the document Memorandum: The ideas behind ADR (only in Swedish), which was created when ADR was introduced.

External material

Below you will find external material (PDF files), for which IIS has obtained permission from the authors to publish on IIS’s website. The authors bear sole responsibility for their content.

Contacts for ADR

If you have further questions regarding ADR, please send an email to arbiter.mail@wipo.int or call +41 22 338 8247.