The .au Dispute Resolution Policy, or auDRP, was developed by the multi-stakeholder Dispute Resolution Working Group in 2001. It provides a faster, more cost effective alternative to litigation for the resolution of disputes between a .au domain name registrant and another party with competing rights (including trademark rights) in the domain name.
auDA recently hosted a webinar with auDRP panelist Professor Andrew Christie to discuss the auDRP process and the auDRP Overview that he recently authored. Our top takeaways from the webinar are set out below:
1. auDRP provides a fair, cost-effective way to protect your online rights
If an individual believes a .au domain name infringes upon their trade mark, they can dispute the domain name by submitting an auDRP complaint to an approved auDRP provider. The complaint will be reviewed by an auDRP specialist panel of one to three experienced, independent decision makers. This ensures the auDRP process is impartial and supported by experts.
Without the auDRP, trade mark disputes related to .au domain names would need to be addressed via litigation, which can be costly and take a long time to resolve. auDRP provides a quicker, more cost effective alternative to the court process. Today, the cost of an auDRP complaint starts at $2,000 and the overall cost will depend on the number of .au domain names subject to the dispute and the number of panel members selected. Most auDRP decisions will be made within three months.
2. An auDRP complaint is not the same as an eligibility complaint
auDA maintains robust .au Licensing Rules to keep .au a trusted and secure online asset. The rules set out the requirements that registrants must meet to hold a licence for a .au domain name.
Registrants must have an Australian presence and meet specific criteria for the namespace in which they are applying (e.g. com.au, .au direct, etc.). If a registrant is not eligible to hold a specific .au domain name licence under the .au Licensing Rules, a complaint may be lodged challenging their right to registration with the registrar of record (the registrar with which the relevant .au domain name is registered).
The auDRP process, however, addresses disputes related to competing legal rights in a name. If a registrant is eligible to hold the .au domain name under the .au Licensing Rules, but you believe they are in breach of your trade mark, you can lodge an auDRP complaint to address the matter. Learn more about eligibility and auDRP complaints.
3. auDRP complaints must satisfy key criteria for a successful outcome
When the auDRP panel reviews an auDRP complaint, they will assess it against four key criteria:
- The person submitting the auDRP complaint (complainant) must own the rights to the trade mark or name
- The .au domain name being contested is identical to the trade mark or confusing similar
- The .au domain name registrant does not own any rights or have a legitimate interest in the domain name
- The .au domain name registrant has registered or used the domain name in bad faith.
Before submitting an auDRP complaint, consider whether your case addresses all of these criteria.
4. The auDRP Overview supports a fair and consistent process for .au domain name disputes
An auDRP Overview, by Professor Andrew Christie, published in June 2023, is a collection of auDRP decisions with an analysis of how the panel came to that decision. This was the second auDRP Overview conducted. It contains analysis of more than 600 auDRP complaint outcomes from 2014 to 2022.
The outcomes covered in the Overview range in complexity and act as a guide for stakeholders, including:
- Trade mark owners, who can reference the Overview to identify how to prepare an auDRP case
- .au registrants, who can use the Overview to identify how they can defend an auDRP case
- Lawyers and advisers of those submitting or defending an auDRP complaint, who can refer to the Overview to inform the content of their submission
- auDRP panelists, who can employ the Overview to guide their decision making, helping them produce consistent, fair outcomes.
Ultimately, the auDRP helps aid auDA’s mission of ensuring .au is a trusted public resource that benefits all Australians. To find out more about the auDRP process, read the first and second auDRP Overviews, or watch the webinar.
