Update on the Canadian Dispute Resolution Policy ("CDRP")

Dear Clients:

We are providing this Update to explain the current situation regarding the Canadian Dispute Resolution Policy for .CA domain names.

The .CA top-level domain is operated by the Canadian Internet Registration Authority, known as "CIRA." CIRA sets policy for, manages and operates the .CA domain database for registrars and registrants.  In registering a domain name, CIRA does not conduct any search or investigation to determine whether others may have trademark or other rights in that name.  While we have been fighting this, the current trend of open registrations continues to prevail.  Therefore, many infringing .CA domains have been registered.   

CIRA is in the process of formulating the Canadian Dispute Resolution Policy ("CDRP"), which will govern domain name disputes between trademark owners and .CA registrants.  Unfortunately, we cannot as of yet, give a firm date when the CDRP will be effective.  The following text is taken directly from the CIRA web site.

1 - When does the CDRP Procedure come into effect?

The Draft CDRP was posted for public consultation and comment on September 29, 2000, and may be revised based on input from the Internet community. The Procedural Rules, which will govern the administration of the CDRP would then be prepared and providers and panelists would then be engaged. It is anticipated that the CDRP will come into effect in 2001.

2 - If a domain name, which is identical or similar to my trademark or business name is registered by someone else, what can I do?

Someone who wishes to contest the registration of a domain name by another person may be able to do so in accordance with CIRA's Dispute Resolution Policy when it comes into force sometime in 2001.

The remedies available to a complainant under the CDRP and the Procedural Rules are expected to be limited to: (1) requiring the cancellation of the registrant's domain name registration; or (2) transfer of the registration to the complainant, subject to the complainant qualifying under the Canadian Presence Requirements for registrants.

Upon the implementation of the CDRP, IP Protector will immediately commence CDRP Proceedings against all .CA domain name registrants infringing our clients' intellectual property rights.   

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