Important advance in the resolution of domain name disputes in Brazil.
The Brazilian Internet Management Committee has announced the creation of an administrative dispute resolution proceeding for .br domain names.
The system is in harmony with the Uniform Domain Name Dispute Resolution Policy, applicable for those domain names which had been registered and/or are being used in bad faith, providing that:
the registered domain name will be identical or confusingly similar to:
- a granted or former trademark or service mark application at the Brazilian Patent and Trademark Office (BPTO), in which the claimant has rights,
- a well-known trademark or service mark under the terms of art. 6bis of the Paris Convention and article 126 of the Brazilian Industrial Property Act (Law NÂ° 9279/96),
- a trade name, corporate or civil name, family name, pseudonym, well-known nickname, individual or collective artistic name, or other domain name over which it has priority.
The proceeding is in force since September 30, 2010, open at the moment to domain names registered as from October 1, 2010.
The Brazilian-Canadian Chamber of Commerce (CCBC) is in charge of resolving these kind of disputes in 90 days counted form the filing of the complaint, term which can be extended at a maximum of 12 months.