UA-DRP Becomes Applicable to New Domain Zones

As of May 6, 2021, the .UA Domain Name Dispute Resolution Policy (UA-DRP) will become applicable to the following Ukrainian district-specific third-level domain zones: <.KYIV.UA>, <.KIEV.UA>, <.IVANO-FRANKIVSK.UA>, <.IF.UA>, <.POLTAVA.UA>, <.PL.UA>, <.UZHGOROD.UA> and <.UZ.UA>.

There are around 40,000 domain name registrations in the <.KYIV.UA> and <.KIEV.UA> zones, making them the most popular Ukrainian regional domain zones. The number of domain name registrations in the domain zones relating to the cities and districts of Ivano-Frankivsk, Poltava and Uzhgorod is around 6,000.

The UA-DRP is a domain name resolution mechanism similar to the UDRP (Uniform Domain-Name Dispute-Resolution Policy). The proceedings are administered by the WIPO Arbitration and Mediation Center. For a complaint to be successful, the following must be proven:

• The complainant’s trademark is identical or confusingly similar to the domain name;
• The domain name registrant has no rights or legitimate interests in respect of the domain name in question; and
• The domain name is registered and/or used in bad faith.

The remedies available to the complainant are the domain name cancellation or its transfer to the complainant.

The UA-DRP procedure cost is equal to the UDRP procedure cost and ranges from EUR 1,315 (USD 1,500) to EUR 4,385 (USD 5,000). The UDRP procedure usually lasts 60-75 days.

When it entered into force on March 19, 2019, the UA-DRP was only applicable to second-level domain names in the .UA country-code top-level domain (ccTLD). On December 19, 2019, the UA-DRP became applicable to domain name registrations in the most popular Ukrainian domain zone, <.COM.UA>. The upcoming extension of the policy on May 6, 2021 confirms plans for the UA-DRP’s gradual extension to other Ukrainian domain zones.

Since the UA-DRP became effective, the WIPO Arbitration and Mediation Center considered almost 40 cases, and there are three pending cases at the moment.

By: Igor Alfiorov

For more information, please contact Igor Alfiorov at our Ukraine office.