From October 1, 2024, the World Intellectual Property Organization (WIPO) provides an alternative dispute resolution service for .LV domain names.
WIPO is one of the specialized agencies of the United Nations established to promote the protection of intellectual property worldwide through cooperation between States and, where appropriate, in cooperation with other international organizations. The alternative dispute resolution service offered by WIPO facilitates the international protection of intellectual property and applies the Uniform Domain Name Dispute Resolution Policy (UDRP).
Alternative dispute resolution for domain name disputes is a structured process in which a neutral third party (an expert) hears the arguments and evidence of the domain name user and the complainant (e.g., a trademark owner) and then makes a decision, which is enforced by the administrator of the relevant top-level registry in which the domain name is registered.
In disputes related to .LV domain names, the dispute resolution policy established specifically for .LV domain names applies. On October 1, 2024, WIPO's Supplementary Rules for the Resolution of .LV Domain Name Disputes (lvDRP) also entered into force.
The most significant differences in out-of-court dispute resolution regarding .LV domain names:
- Protected rights: The .LV domain name dispute policy protects not only trademarks as such, but also trademarks registered in Latvia and to which the complainant has rights, geographical indications protected in Latvia or under European Union law, and trade names (company names) registered in the Commercial Register of the Republic of Latvia.
- Proof of bad faith: in disputes regarding .LV domain names, it is not necessary to prove that both the registration and use of the domain name involved in the dispute were carried out with bad faith, as it is sufficient to prove only one of the aforementioned factors.
- Composition of the Administrative Commission: Disputes regarding .LV domain names are considered by a commission consisting of one member, who is appointed from a publicly available list of approved experts.
- Jurisdiction: Latvian courts
- Language: The dispute resolution process shall be conducted in Latvian, but the Parties may agree to resolve the dispute in English. A complaint may be filed in English only if both parties (i.e. the complainant and the respondent) are located outside Latvia.
More information about WIPO's out-of-court alternative dispute resolution service for .LV domain names is available on the WIPO website.
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.
