• The long-awaited TRABIS System, which replaces the Nic TR system, will become effective in the near future
• The most important change is that extensions such as ‘com.tr’, ‘org.tr’, ‘net.tr’ will be allocated on a ‘first come, first-served’ basis
• A new dispute resolution mechanism is due to come into effect
Since 1998 Nic TR, under the Middle East Technical University, has been authorised by ICANN to register and manage ‘.tr’ domain names. Recently, it has been announced that the long-awaited TRABIS System, which replaces the Nic TR system, will become effective in the near future. This will bring some important changes to the allocation and transfer of domain names and to dispute resolution.
Key Changes
The most important change will be that extensions such as ‘com.tr’, ‘org.tr’, ‘net.tr’ will be allocated without the need to provide any document proving the rights of the applicant. In other words, as is the case for generic domain name extensions such as ‘.com’, ‘.org’. or ‘.net’, these extensions will also be allocated on a ‘first-come, first-served’ basis. This new principle may result in the unauthorised registration of domain names not yet acquired by the genuine trademark owners.
Further, in contrast to the old system, the new system allows domain name sales transactions. Domain name sales will be possible three years after the TRABIS system becomes effective. Accordingly, if third parties without any connection to the trademark owners acquire domain names, they may sell these to any party after three years.
Finally, once the TRABIS system is in force, a new dispute resolution mechanism will come into effect; the Information Technology and Communication Authority shall provide the details of this new system once available.
Comment
With the entry into force of TRABIS, a new era will begin in the management and allocation of ‘.tr’ domain names. It is expected that the number of disputes will increase due to the use of the ‘first-come, first served’ principle, with domain names being allocated without any documents. While it is believed that the adoption of arbitration within the framework of the new dispute resolution system will contribute to the quick and effective settlement of disputes, brand owners may consider obtaining ‘com.tr’ domain names for their core trademarks, and/or follow up the use of their trademarks through unauthorised domain name registrations by taking action in a timely manner.
First published by WTR in Feb 02, 2022.
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