The current Policy and Procedure are being replaced on 29 July 2008.
1. The current process remains unchanged except that in cases where there is no response, the complainant is given the option of obtaining a summary decision from an Expert, at a cost of £200 plus VAT. The expert will not be required to write a full decision with reasoning in these cases, but only to certify that Rights and Abusive Registration have been made out by the Complainant.
2. If there is a response, the case goes into mediation and the expert fee is £750 plus VAT, as at present, for a full decision.
3. We have clarified the Policy to recognise that Rights may exist in descriptive terms that have acquired a secondary meaning.
4. We have clarified the Policy to confirm that certain activities are not in themselves an Abusive Registration, but that cases of this kind will depend on their particular facts.
5. The Procedure has been amended to make it clear that the Reply stage is purely an opportunity to respond to new matters raised in the Respondent’s response.
6. We have clarified the Procedure with regard to further statements made under Procedure paragraph 13(b). We will only copy the explanatory first paragraph to the parties, unless the Expert requests sight of the full submission.
7. Respondents can pay for an Expert decision if the Complainant declines to pay, in order to request a finding of Reverse Domain Name Hijacking.
8. We have introduced a "likelihood of confusion" factor and make it clear that threatened use of a domain name may be evidence of an Abusive Registration. This reflects the interpretation which has consistently been made in Expert decisions, and reflects English law.
9. We have introduced an Expert Review Group. Members are drawn from Nominet’s existing panel of independent experts who provide decisions where the parties do not resolve their differences amicably. The members of this group will not undertake decisions in the usual course, but will provide a peer review function of decisions prior to their publication. Members of the Expert Review Group will also form the panels for appeal hearings. Members of the Expert Review Group will not represent parties in DRS proceedings (although other members of their firms may do so).
10. We have increased the word limit for submissions in the complaint and response to 5000 words.
11. We have changed our administration systems to allow evidence to be attached electronically. We have also improved the formatting, appearance and usability of the online forms which are now incorporated into the online account structure of the .uk register.