Art. 1º The Internet Conflicts Administrative System related to domain names under the “.br” – SACI-Adm – has the objective of solving disputes between the “.br” domain name holder (called the “Holder”) and any third party (called the “Complainant”) contesting the legitimacy of the Holder’s domain name registration.
Paragraph 1: SACI-Adm will simply determine whether to maintain the registration, transfer it, or cancel it.
Paragraph 2: The Holder of the domain name that is the object of the conflict will adhere to SACI-Adm through the contract signed for domain name registration under “.br”.
Paragraph 3: SACI-Adm will be implemented by institutions previously approved by NIC.br and duly accredited, which will apply their respective Regulations approved by NIC.br, which will always be in accordance with this Regulation.
Art. 2º The Complainant will choose one of the accredited institutions and request the chosen institution to open the SACI-Adm procedure, informing it in its Request:
a) domain name(s) object of the conflict and corresponding Whois search of Registro.br (whois.registro.br);
b) name, qualification and electronic address of the Parties;
c) the reasons and documents that prove the hypotheses described in article 3 of these Regulations, as well as its legitimate interest in relation to the disputed domain name(s), and must immediately present all the arguments and documents that prove them;
d) full name, qualification, and e-mail address of the person who will represent the Complainant in the procedure, if he or she so desires, and suitable document for such representation;
e) choice of the number of experts to decide the conflict: whether only one or three experts;
f) purpose of the request for opening the SACI-Adm procedure: whether the transfer or cancellation of the domain name(s) object of the conflict;
g) indication whether you want the communication of the final decision of the procedure to be done by post or facsimile, in addition to electronically;
h) the existence of any other judicial or extrajudicial proceeding that has been initiated or terminated with respect to the domain name(s) that are the subject of the dispute.
Paragraph 1: Claimants will submit with their Requests the following statements:
a) statement signed by the Complainant or their legal representative, opting to submit to SACI-Adm,
b) statement acknowledging the exclusive competence of the accredited institution it indicates to manage the SACI-Adm procedure,
c) declaration exempting NIC.br from any burden resulting from the SACI-Adm procedure it wishes to initiate, except if NIC.br performs acts that break the law.
Art. 3º The Complainant, in the opening of the SACI-Adm procedure, must expose the reasons why the domain name was registered or is being used in bad faith, in such a way as to cause damage to the Complainant, cumulated with proof of the existence of at least one of the following requirements described in items “a”, “b” or “c” below, in relation to the domain name that is the object of the conflict:
a) the domain name is identical or similar enough to create confusion with a trademark owned by the Complainant, filed before registration of the domain name or already registered, with the Brazilian Patent and Trademark Office – BPTO, or
b) the domain name is identical or similar enough to create confusion with a trademark owned by the Complainant, which has not yet been filed or registered in Brazil, but which is characterized as a notoriously known trademark in its field of activity for the purposes of article 126 of Law 9.279/96 (Industrial Property Law), or
c) the domain name is identical or similar enough to create confusion with an establishment title, business name, civil name, family name or patronymic, pseudonym or nickname notoriously known, singular or collective artistic name, or even another domain name over which the Complainant has prior ownership, or
Sole Paragraph: For the purposes of proving the provision in the Head of this Article, the circumstances transcribed below, among others that may exist, constitute evidence of bad faith in the use of the domain name that is the object of the SACI-Adm procedure:
a) the Holder has registered the domain name for selling, renting, or transferring it to the Complainant or to a third party, or
b) the Holder has registered the domain name to prevent the Complainant from using it as a corresponding domain name, or
c) the Holder has registered the domain name with the purpose of harming Complainant’s commercial activity, or
d) by using the domain name, the Holder intentionally attempts to attract, for profit, Internet users to its website or to any other electronic address, creating a confusingly similarity with Complainant’s identifier.
Art. 4º Conflicts submitted to SACI-Adm will be decided by specialists chosen exclusively from among the professionals that make up the Body of Specialists of the accredited institution that administers the procedure.
Sole Paragraph: The specialists will be chosen in the manner established by the accredited institution.
Art. 5º No one can be appointed as a Specialist if they:
a) are a Party to the conflict
b) have intervened to resolve the conflict subject to the SACI-Adm procedure 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) are a spouse, relative, consanguineous or kin, in a direct or collateral line, of the attorney, representative or lawyer of the Parties in the SACI-Adm 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) are a creditor or debtor of one of the parties or of their spouse, or even relatives, 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 donations before or after the SACI-Adm procedure has begun,
(j) advise either Party on the subject matter of the SACI-Adm proceeding, or provide resources to meet the expenses of the proceeding,
k) are a member or employee of NIC.br or CGI.br.
Paragraph 1: Should any of the events in this article 5 occur, the specialist will declare, at any time, their impediment or suspicion, and refuse their appointment or present a resignation, becoming personally responsible for the damages they may cause due to the inobservance of this duty.
Paragraph 2: Either party may argue the impediment or suspicion of the specialist, immediately communicating it to the accredited institution.
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 the accredited institution.
Art. 6º Once the requirements described in articles 2 and 3 of these Regulations have been met, the accredited institution will declare the start of the SACI-Adm procedure, summoning the Accountholder and sending them a copy of all the documents and parts submitted by the Claimant and supplementary information, if any. The accredited institution will simultaneously communicate the beginning of the procedure to NIC.br, through the electronic address email@example.com, with confirmation of receipt, so that NIC.br can adopt the measures described in Article 7 of this Regulation.
Paragraph 1: If the accredited institution verifies any irregularity in the Application, or the lack of any of the requirements of Articles 2 and 3 of these Regulations, it must immediately communicate the Claimant, giving them a period to remedy them.
Paragraph 2: If this time limit expires without the regularization of the Application, the SACI-Adm procedure will be closed. In this case, the Complainant will be entitled to a refund of the amount paid in the percentage set by the accredited institution.
Art. 7º From the time of the communication of the beginning of the SACI-Adm procedure until its end, NIC.br will not allow the transfer of ownership of the disputed domain name, except in compliance with a judicial order or one issued by an arbitration court.
Sole Paragraph: The cancellation, by the Holder, or due to the failure to pay for the maintenance of the domain name registration will be communicated by NIC.br to the accredited institution, and the domain name will remain unavailable for a new registration until the end of the SACI-Adm procedure.
Art. 8º The accredited institution will send communications to the Parties to the following addresses:
a) electronic addresses of the Entity’s contacts, Administrative, Technical and Collection indicated in the Whois protocol of Registro.br of the domain name that is the object of the procedure,
b) electronic addresses of the Claimant and the Holder, or their respective representatives, if any, as informed to the accredited institution,
Sole Paragraph: If the Party has appointed a representative, all communications will be made to the representative and the Party may only speak in the SACI-Adm procedure through the representative.
Art. 9º The time limits set herein will begin on the business day following the e-mail communication made by the accredited institution to the Parties or their representatives.
Art. 10º The Holder may present a defense, within the period established by the accredited institution.
Art. 11º The accredited institution will require that the Holder’s defense necessarily include:
a) name, qualification and electronic address of the Holder,
b) indication whether the communication of the final decision of the Procedure should be made by post or facsimile in addition to electronically,
c) all the reasons why it has rights and legitimate interests in the disputed domain name, attaching all the documents it deems appropriate for the trial,
d) full name, qualification and e-mail address of the person who will represent the Holder in the procedure, if he/she so wishes, and a suitable document for such representation,
e) statement of your consent with the number of experts suggested by the Complainant to decide the conflict or indication of the number of specialists you want;
f) declaration exempting NIC.br from any burden resulting from the SACI-Adm procedure initiated, except if NIC.br performs acts that break the law,
g) indication of the existence of any other judicial or extrajudicial proceeding that has been initiated or terminated with respect to the domain name that is the object of the SACI-Adm proceeding.
Art. 12º After the presentation of a defense by the Holder, or after the time limit has passed without a defense having been presented, the specialists will decide on the need for the production of new evidence.
Art. 13º The SACI-Adm Procedure will proceed in default of any Party, provided that the Party, duly notified under the terms of these Rules, does not perform the act incumbent upon it within the time period set for this purpose.
Paragraph 1: If the domain name Holder does not present a defense in the SACI-Adm procedure, the accredited institution must communicate this fact to NIC.br, no later than ten (10) days after the expiration of the term for defense.
Paragraph 2: Once notified by the accredited institution about the default, it is NIC.br’s responsibility, within three (3) days, to contact the domain Holder through the email address registered at Registro.br’s Whois, informing them of the existence of the proceedings initiated and alerting him that, if he does not manifest within 24 hours, the domain that is the object of the proceedings will be frozen (suspended).
Paragraph 3: Considering that the freezing foreseen in paragraph 2 has the sole purpose of alerting the holder that there is a procedure in course in the scope of SACI, after the freezing (suspension) of the domain under the terms of paragraph 2, if the Holder notifies to be are aware of the opening of a procedure in the scope of SACI, the domain will be immediately unfrozen.
Paragraph 4: In both cases, NIC.br will inform the accredited institution about what happened;
Paragraph 5: If the Domain Name Holder does not present a defense, the specialists will decide the conflict based on the facts and evidence presented in the SACI-Adm procedure. Under no circumstances can the decision be based solely on the Party’s default.
Art. 14º There will be no hearing, unless the specialists so determine, because they believe that a hearing is strictly necessary for the decision of the conflict.
Art. 15º Once the instruction is closed, the experts will grant, if so provided in the Regulations of the accredited institution, a time limit for the Parties to offer their written memoranda.
Art. 16º The specialists will conduct the SACI-Adm procedure in accordance with these Rules and with the Rules of the accredited institution that administers the procedure, deciding the conflict based on Brazilian Law applicable to the case, the statements, documents, and other evidence presented by the Parties.
Art. 17º The specialists will render the procedure’s decision within the time limit indicated by the Institution, observing the time limit provided for in article 28 of this Regulation.
Art. 18º If the SACI-Adm procedure has been conducted by an expert panel, the decision will be made by majority vote, with each specialist, including the chairman of the expert panel, having only one vote, and will be reduced to writing by the chairman and signed by the three specialists.
Paragraph 1: The signature of the decision can be made electronically using asymmetric cryptography by all the experts involved in the procedure.
Paragraph 2: If the specialists do not unanimously agree on the solution to the conflict, the expert who diverges from the majority may justify his dissenting vote, which will be included in the decision.
Art. 19º The decision will necessarily contain:
a) report with the names of the parties and a summary of the conflict,
b) the grounds for the decision, which will dispose on the questions of fact and law,
c) the device, with all its specifications and the time limit for subpoenaing NIC.br to comply with the decision, if applicable,
d) the date and place it was pronounced.
Art. 20º Once the decision is rendered, the SACI-Adm procedure is terminated, and the accredited institution must communicate within five (5) days to the Parties and to NIC.br the full content of the decision rendered by the specialists.
Art. 21º The concerned party may request the specialists, within 5 (five) days from the acknowledgement of the decision, to correct any material error or clarify any obscurity, doubt or contradiction in the decision, or to comment on any omitted point in the decision.
Paragraph 1: Should the party request the specialists to comply with the provisions of the Caput of this Article, the accredited institution must notify NIC.br immediately so that NIC.br may await the new decision, suspending the time limit of Article 22 of these Regulations.
Paragraph 2: The specialists will decide on the request described in the Head, within the timeframe established by the accredited institution.
Art. 22º If the decision rendered in the SACI-Adm procedure determines that the domain name that is the object of the conflict must be transferred to the Complainant or is cancelled, NIC.br will wait for the period of fifteen (15) working days to elapse from the date on which it was notified by the accredited institution of the decision, implementing it thereafter.
Sole Paragraph: If any of the Parties proves that it filed a lawsuit or arbitration proceedings during the period mentioned in the head of this Article, NIC.br will not implement the decision proffered in the proceedings and will await the judicial determination or the arbitration proceedings.
Art. 23º If during the SACI-Adm procedure the parties amicably settle their dispute, the specialists may, at the request of the parties, declare such fact in a decision, observing, as applicable, the provisions of this Regulation and informing NIC.br of such settlement.
Art. 24º The SACI-Adm procedure will not be secret, and the decisions rendered may be published.
Art. 25º The accredited institution will keep the table of charges and expenses of the SACI-Adm procedure published on its website.
Sole Paragraph: The fees of the specialists will be stipulated in a fixed amount regardless of the time spent to solve the conflict;
Art. 26º The Complainant will bear all expenses and charges of instituting the SACI-Adm procedure, including the fees of the specialists.
Paragraph 1: If the Complainant has chosen to have the conflict decided by only one expert and the Holder opts for a panel consisting of three (3) specialists, the Complainant will bear the fees of one expert and the Holder will bear the fees of two specialists.
Paragraph 2: The payments and their respective time limits will be fixed and informed by the accredited institution.
Paragraph 3: Except in the case foreseen in Paragraph 2 of Article 6 of these Regulations, there will be no refund of amounts paid to the accredited institution to manage the SACI-Adm procedure, unless the accredited institution establishes a rule to the contrary.
Art. 27º If more than one SACI-Adm proceeding exists between the Holder and the Claimant, either party may request the unification of those proceedings by written request to the specialists who received the first proceeding between the Parties, provided that a decision has not yet been rendered in any of the proceedings to be unified.
Sole Paragraph: The unification or not of the SACI-Adm procedures will be at the discretion of the specialists, based on an analysis of need and convenience.
Art. 28º The SACI-Adm procedure must end within a maximum period of ninety (90) days from the date it begins and may be extended at the discretion of the accredited institution, provided it does not exceed twelve (12) months.
Art. 29º The accredited institution and the specialists will ensure that the SACI-Adm procedure runs smoothly, complying with all the time limits described in these Regulations, which can only be extended due to unforeseeable circumstances, force majeure, or if strictly necessary, at the discretion of the specialists conducting the procedure.
Sole Paragraph: The accredited institution may implement supplementary rules to these Regulations, if they do not conflict with them.
Art. 30º In all SACI-Adm proceedings, the specialists will ensure equality between the Parties and that each Party is given a fair opportunity to present its reasons, and the principles of adversarial proceedings, equality between the Parties, impartiality of the specialists, and their free judgment will be ensured.
Art. 31º NIC.br will not participate in the administration, progress or any decision made in the SACI-Adm procedure, nor will it exercise any influence on these decisions, being exempt from responsibility for any action or omission of the specialists or accredited institution in relation to any SACI-Adm procedure.
Art. 32º These Rules may be changed at any time, if necessary, without prior notice.
Art. 33º The Portuguese language will be necessarily used as the language of any and all SACI-Adm procedures subject to these Regulations, and all decisions, communications, and documents must be issued in this language.
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