Newsletter
COURT DENIES JURISDICTION TO REVIEW STLC DOMAIN NAME DECISION
At present, the ways available to seek resolution for disputes over the registration of domain names with the country code ".tw," are to bring an action in the courts, to file a complaint with the Fair Trade Commission, or to file a complaint with the Taiwan Network Information Center (TWNIC) under its Domain Name Dispute Resolution Policy and associated Rules of Pro-cedure. The TWNIC, which is responsible for domain name registration affairs, currently rec-ognizes two organizations—the Science and Technology Law Center (STLC) of the Institute for Information Industry, and the Taipei Bar Association—as dispute resolution providers, authorized to receive complaints and resolve registration disputes in accordance with its pol-icy and rules. The policy provides that a domain name registrant who does not accept a decision of a dispute resolution provider may bring an action in the court, in which case the TWNIC will suspend implementing the decision.
On 6 September 2001, the STLC accepted a complaint disputing the registration of the do-main name "skii.com.tw." In its subsequent de-cision, the STLC ruled that the domain name should be transferred to the complainant. The registrant did not accept this outcome, and in 2002 brought a civil action in the Taipei District Court. In its judgment in the case, the court made no determination as to the legality of the registration of the disputed domain name, but instead dismissed the action, stating that the STLC's decision was not a judgment by a judicial authority, and was not legally enforceable. If the registrant objected to the STLC's decision, it should seek remedies by other procedures.
The court's view on the lack of jurisdiction over decisions of domain name dispute resolution providers is clearly at odds with the provisions of the TWNIC policy. Though the court's judgment does not set a binding precedent, it will be worth noting whether the TWNIC will revise its policy and rules, or takes any other action, to tackle similar situations in the future.