The Information Technologies and Communication Authority
("ITC Authority") has prepared a draft
Regulation on Internet Domain Names ("Draft
Regulation") and subjected it to public opinion. The
ITC Authority invites all concerned persons and companies to
comment on the Draft Regulation, which basically regulates the
procedures, principles, and concerned parties' rights and
obligations with respect to "tr" domain names.
It has been a long time since the Computer Center of the Middle
East Technical University ("METU") in
Turkey allocated the "tr" domain names. With the
enactment of the Electronic Communications Law on 10 November 2008,
the ITC Authority's powers over electronic
communications-related issues were strengthened, and certain
authorizations delegated to different regulatory authorities or
legal entities on electronic communications matters were brought
together under the auspices of the ITC Authority. With the
enactment of the Draft Regulation, allocation of "tr"
domain names is one such power which the ITC Authority will reclaim
The Draft Regulation provides for the establishment of a center
to replace the Computer Center of METU, namely, the TR Network
Information Center ("TR NIC") which will
engage in (i) database processing; (ii) "tr" domain name
allocation, renewal and cancelation; (iii) receiving "tr"
domain name applications; and (iv) providing users 24/7 guiding
Apart from the TR NIC, the Draft Regulation also introduces a
new mechanism for dispute resolution with respect to "tr"
domain names. If the Draft Regulation is enacted in its current
form, disputes arising over "tr" domain names will be
handled by "dispute resolution service providers"
determined by the ITC Authority. According to the Draft Regulation,
dispute resolution service providers should include arbitrators who
are administratively and technically capable and independent within
their bodies. Real or legal persons whose rights over their
"tr" domain names are infringed by a third party will be
able to choose one of the dispute resolution service providers
determined by the ITC Authority and make their online application
via the website of that dispute resolution service provider. Up
until the time that the dispute resolution service provider reaches
a resolution on the subject matter dispute, the concerned parties
cannot apply to another dispute resolution service provider.
Under the Draft Regulation, the ITC Authority delegates the
provision, cancelation and renewal of "tr" domain names
and relevant guidance services to the TR NIC, and authorizes
dispute resolution service providers to resolve disputes between
concerned parties. On top of these functions, the ITC Authority
undertakes more managerial duties, such as announcing the dispute
resolution service providers' contact details on its website;
determining the prices to be paid to dispute resolution service
providers; coordinating communications with ICANN, RIPE, NCC and
CENTR; designating special-purpose sub-domain names; and following
up on new technologies related to domain name systems.
In addition to the new structural arrangements under the Draft
Regulation, certain new rules for "tr" domain names are
worth mentioning. Real or legal persons who apply to the TR NIC to
obtain a "tr" domain name will undertake not to infringe
third party rights and not to use the relevant "tr"
domain name illegally during their application. In this respect,
the ITC Authority aims to lessen infringements and illegal use of
"tr" domain names by obtaining advance commitments from
The "first come, first served" rule will apply to
obtaining a "tr" domain name under the Draft Regulation,
and the date of application to the TR NIC for the relevant
"tr" domain name is taken into consideration in
determining the first comer. The Draft Regulation also provides
that a "tr" domain name can be allocated for a maximum
term of three years. Three months prior to the expiration of the
term of validity, the owner of the "tr" domain name is
informed via e-mail message and a request from the relevant owner
to perform renewal transactions. Following renewal, the renewed
allocation period cannot exceed three years.
Finally, "tr" domain name owners also have the right
to "waive" use of their "tr" domain names
through a very simple and easily applied procedure under the Draft
Regulation. The owner of the "tr" domain name informs the
TR NIC of its intention to waive the "tr" domain name by
completing the form available on the website of the TR NIC.
The ITC Authority is open to all comments and proposals on the
Draft Regulation, to which it has afforded high priority, and which
is regarded as a significant step in the development of the
internet in Turkey.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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On 8 September 2016 (C-160/15), the CJEU ruled that the posting of a hyperlink to copyright-protected works located on another website does not constitute copyright infringement when the link poster does not seek financial gain.
The chapter on the UK summarises the IP court and litigation system in the UK, recent developments in relation to IP law and practice, the forms and availability of IP protection and trends and outlook in the IP sphere.
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