We are here to assist with disputes
The auDRP Explained
The .au Dispute Resolution Procedure aka auDRP is a mechanism available for brands to challenge registrations when intellectual property has been infringed. A domain name dispute can be quickly resolved through this procedure and it is much cheaper and simpler than going through the courts. The .auDRP is an option for only when all other means of amicable resolution have been exhausted.
Review
We review your specific case and provide recommendations specific to your circumstance and policy
Complaint
Our domain dispute lawyers have over 20 years experience with DRP complaint development
Management
We manage the complaint submission and all communication associated with your case
auDRP Who is involved?
The Complainant This is the party who feels aggrieved at the registration of another domain name, and the one who initiates the proceedings
The Respondent: This is the party who has registered the (potentially) offending domain.
The Provider: This is an independent provider of dispute resolution services that is approved by the auDA. Web IP goes through Leadr.
The Panel: This is the party that decides the dispute in accordance with the auDRP. The Panel can consist of either one or three members
The Registrar: This is the auDA accredited body that is authorised to register or renew domain names, or make changes to their domain name records on behalf of their clients
AuDA: is the policy authority and industry self-regulatory body for the .au domain space. It is responsible for putting together the auDRP.
The auDRP Fundamental Complaint Requirements
Before submitting a complaint, you should familiarize yourself with the auDRP policy, in particular schedule A, 4.a which outline the key elements that you will need to prove to be successful. They are:
i) the domain name is identical or confusingly similar to a name, trademark or service mark in which you have rights
ii) the Respondent has no rights or legitimate interests in respect of the domain name
iii) the domain name has been registered or subsequently used in bad faith
auDRP - The Complaint Submission Process
It is important to ensure that you understand how to structure and write a complaint. We strongly recommend getting a professional to write the complaint, or at least review it before submitting it to the DRP provider.
When you are happy with the complaint you will need to send it to an auDA approved auDRP provider.
The Provider will then review the complaint to ensure that it complies with the technical requirements of the auDRP. If it does comply with these requirements, the Provider forwards the complaint to the Respondent within three calendar days.
auDRP - The Response Process
The Respondent must file a “Response” within 20 days of receiving the complaint. This is a formal document which sets out the Respondent’s version of events, and which makes submissions as to why the auDRP has not been breached. It will often contain arguments based on cases previously decided under the auDRP. For this reason, a Response will often be drafted by a lawyer, but it is not compulsory to use a legal representative.
If no response is filed within the time limit, the Panel will make its ruling based on the information provided by the Complainant unless “special circumstances” exist.
auDRP The panel and fees
The Panel is appointed. The Panel consists of either one or three members.
If the Complainant elects to have a three-member panel decide the dispute, the Complainant must pay the entire fee for a three-member panel (currently $4,500), and the three members are appointed by the Provider.
If the Complainant elects to have a one member panel, the appropriate fee (currently $2,000) is paid, and the case will be determined by a single member panel unless the Respondent elects to have it decided by a three-member panel.
If the Respondent wishes to use a three-member panel, the Complainant and Respondent must each pay half of the full fee (i.e. currently $2,250)
Decision and Enforcement
Decision Made: The Panel examines the case and the documents, and forwards its written decision to the Provider within 14 days of its appointment.
Decision Communication: Within 3 calendar days of receiving the Panel’s decision, the Provider provides the decision to each Party, which is also published
Decision Implemention: Upon receiving the decision, the concerned Registrar(s) must inform each Party, the Provider, and auDA the date for the implementation of the decision in accordance with the Policy.
auDRP Process Timeframe
Evidence preparation: 1 week
Complaint development: 1-2 weeks
Complaint review by auDRP provider: 3 days
Complaint response window: 20 days
Panel decision: 14 days
Decision Implementation: 10 days
About brandsec
brandsec is a team of highly experienced domain name management and online brand protection experts. We provide corporate domain name management and brand enforcement services, helping brands eliminate phishing platforms across the internet. Supporting some of the largest brands in the region, we offer innovative solutions to combat threats across multiple industries.
