Since it began operating seven years ago, ABPI’s Dispute Resolution Domain Name Chamber (CASD-ND) has accounted for a total of 356 cases and has been the most competitive of its kind in Brazil. By the end of October, 211 decisions had already been published on its own website, and 187 of these decisions were recorded at Registro.br (https://registro.br/dominio/saci-adm.html) “This guiding role is due to well-founded decisions in a period that takes 60 days on average”, explains Wilson Pinheiro Jabur, director of CASD-ND.
Fast decisions and a body of experts with extensive knowledge of the subject and a low cost compared to the lengthy and costly judiciary proceedings, in fact, explain the good performance of CASD-ND. But another reason, according to Jabur, is the growth of trademark registration on the Internet, which has the effect of domain misappropriation practices. If cybersquatting was previously used (the registration of a relevant trademark domain known in the market for later negotiation with the real owner), today, typosquatting is growing (third-party registration of trademarks with slight spelling changes in order to attract users to their web pages).
New modalities of domain piracy have required greater control by the authorities. Recently, at an event sponsored by the CSD-ABPI and the CBAr (Brazilian Arbitration Committee) Intellectual Property, Arbitration and Mediation Study Group, the legal advisor of Registro.br Kelly Angelini announced that the institution will promote a Public Consultation for review of SACI, the Administrative System of Internet Domain Name Conflicts under “.br”, which aims to solve disputes between the “.br” domain name holder and a third party disputing the legitimacy of the registration or use of the domain name made by the proprietor.
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