Regiment of the Domain Name Dispute Resolution Chamber (CASD-ND)

Art. 1º The ABPI’s Dispute Resolution Chamber for Domain Names (“CASD-ND”) is linked to the Center for Resolution of Disputes, Mediation and Arbitration in Intellectual Property (“CSD-ABPI”) and its purpose is to control and manage the dispute resolution procedures related to internet domain names, including the maintenance of a body of Specialists, a Director, an Associate Director, and an Executive Secretary for the administration of these functions.

Art. 2º The CASD-ND will be represented and coordinated by a Director, assisted by an Assistant Director and an Executive Secretary, and will give course to the necessary procedures to reach the solution of the demands submitted to it, with the practice of all the convenient acts to that end.

Sole Paragraph: The Director and the Deputy Director of CASD-ND will servo for four (4) years, and may be re-elected, provided, however, that for the first term the Director’s and the Deputy Director’s terms will end with the terms of the other members of the CSD-ABPI Board.

Art. 3º The Director will represent CASD-ND, performing all acts required under these Regulations and Rules of this Chamber. A Deputy Director is responsible for assisting the Director, performing the duties assigned to them, and replacing the Director in case they are absent or unable to act.

Art. 4º The Executive Secretary will have, among others, the following duties and attributions:

a) ensuring the compliance with the law, the CSD-ABPI Regulations, these Regulations, and the Regulation establishing procedures for resolving domain name disputes,

b) assisting CASD-ND Director and Deputy Director in the Chamber’s activities,

c) providing secretarial support for the activities of the Specialists and other people eventually involved in the procedures, including the indication of the Specialist for each procedure opened,

d) designating staff, as needed, to assist the Executive Secretary in the work of the procedures, such as, among others, receiving and issuing notices and communications, in addition to coordinating all the paperwork related to the procedures and their stages, and

e) consulting with the Director of CASD-ND, transmitting any formal consultation submitted by Parties or Specialist of a given procedure.

Art. 5º The rules established in the Regulations of the CSD-ABPI, as modified by the present Regulations, apply to the CASD-ND Specialists.

Paragraph 1 – For purposes of satisfying the requirement of notorious technical or legal knowledge foreseen in paragraph 1 of said article 10 of the Regulations of CSD-ABPI Regulations, the Specialist candidates must cumulatively have (a) college degree, (b) worked in the intellectual property field for at least ten (10) years, (c) participated in a Specialists’ Training held by the Chamber, and (d) attended 75% of the Specialists’ Training classes, as attested by the Chamber.

Paragraph 2 – The Specialist registered in the expert body must participate in at least one Specialist Training session promoted by the Chamber and one ABPI International Intellectual Property Congress every three (3) years as a requirement for his/her permanence in the expert body, the provisions of Article 13 of CSD-ABPI Regulations.

Art. 6º In addition to the suspicion requirements of the CSD-ABPI, a Specialist in a procedure may not:

a) are a Party to the conflict

b) have intervened in the solution of the conflict to be resolved in a dispute as a Party’s agent, witness or expert,

c) are a spouse, relative, consanguineous or related, in a direct or collateral line, of any of the Parties, up to the third degree,

d) be a spouse, relative, consanguineous or kin, in a direct or collateral line, of the attorney, representative or lawyer of the Parties in the dispute resolution procedure, up to the third degree,

e) participate in a direction or administration body of the Legal Entity that is party to the conflict or is a partner or shareholder,

f) are a close friend or enemy of one of the Parties,

g) be a creditor or debtor, of one of the Parties or of their spouse, or even relative, in a direct or collateral line, up to the third degree,

h) are an heir, employer or employee of one of the Parties,

i) receive gifts before or after the dispute resolution procedure has been initiated,

j) advise either Party on the subject matter of the dispute settlement proceedings, or providing funds to meet the costs of the proceedings,

k) are a member or employee of or

Paragraph 1 – Should any of these situations occur, it is the Specialist’s responsibility to declare, at any time, their impediment or suspicion, and refuse his/her appointment or present a resignation and will be personally liable for any damages they may cause due to non-compliance with this duty.

Paragraph 2 – Either Party may claim the Specialist’s impediment or suspicion, immediately communicating it to CASD-ND, within the period foreseen in this Chamber’s Regulation. Once the allegation of impediment or suspicion is received, the Director of CASD-ND will submit it to the CSD-ABPI Council for decision under the terms of the Center’s Regulations.

Paragraph 3 – If the Specialist resigns or if any cause of suspicion or impediment, moral or physical incapacity or death occurs, he will be replaced by a new Specialist in the manner established by CASD-ND.

Art. 7º CASD-ND will periodically update the list of Specialists from the members already qualified before the CSD-ABPI who have chosen to participate in CASD-ND procedures, and will appoint, for each procedure, one or more members from said list by drawing lots.

Paragraph 1 – The Specialist chosen for a procedure will only participate in selections again when the other Specialists have already been appointed.

Paragraph 2 – The appointed Specialists will receive the information concerning the Parties and the disputed domain and must sign a specific declaration of clearance and send it to the CASD-ND Secretariat.

Art. 8º In all proceedings the Specialists will ensure equality between the Parties and that each Party is given a fair opportunity to present its case, and the principles of adversarial proceedings, equality between the Parties, impartiality and the free judgment of the Specialists will be ensured.

Art. 9º The dispute resolution procedure concerning domain names will follow the provisions of the CASD-ND Regulations, and the amounts charged from the Parties and paid to the Specialists will be informed by the CSD-ABPI, as determined by the ABPI Board of Directors.

Art. 10º All notifications, documents, and communications must be received, physically or electronically, at the CSD-ABPI Secretariat between 09:00 a.m. and 5:00 p.m.; those received after this time will be considered received on the next business day.

Art. 11º No authentication of document copies is required.

Art. 12º Communication between the Parties will be made through the intermediation of the Secretariat.

Art. 13º All lawyers, Experts, and Parties must keep their contact information with the Secretariat up to date.

Art. 14º CASD-ND will keep published on its website the table of charges and expenses of dispute settlements carried out.

Art. 15º These Regulations will come into force on the date of their approval by the ABPI Board of Directors.

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