Who can initiate the proceedings?
The proceedings may be initiated by the holder of a trademark or of a right to a protected geographical indication. Together with the Complaint, the holder of such rights must submit an excerpt from the register of recognized rights maintained by the national intellectual property office, as proof of its right to initiate the proceedings. The Complainant may be a natural person or a legal entity.
Against whom are the proceedings initiated?
The proceedings are initiated against the party that registered the national internet domain name over which the Complainant claims a right. The Respondent may be a natural person or a legal entity.
If the Complainant does not know the identity of the registrant, it may submit a request to RNIDS for the contact details associated with the disputed domain name. The specific conditions under which this right may be exercised are set out in the General Terms and Conditions for the Registration of National Internet Domain Names, available on the RNIDS website.
What does the dispute resolution procedure look like, in brief?
The proceedings are initiated by filing a Complaint. In the Complaint, the Complainant must state its own name/business name and that of the registrant, their physical and email addresses, the national internet domain name(s) at issue, evidence, and the relief sought. Through the Complaint, the Complainant may request that the registration of the national internet domain name be transferred from the registrant to the Complainant, or that the registration of the disputed domain name be cancelled. If the Complainant is represented by an attorney, a power of attorney must be submitted. Together with the Complaint, the Complainant must also submit a list of three candidates from the List of Panelists whom it proposes to decide the dispute, as well as proof of payment of the fees.
The Complaint is filed electronically to domenski.sporovi@pks.rs.
As soon as the Committee receives a compliant Complaint, it will notify RNIDS. RNIDS will flag the disputed national internet domain name in a manner that prevents its transfer and any change to its registration data. This “lock” on the disputed domain name remains in place until the proceedings are concluded.
Once the Committee has received a compliant Complaint with all required supporting elements, it will forward it to the registrant for a Response. The registrant has 15 days from the date of service of the Complaint to file a Response. In its Response, the registrant must also state its position on the Complainant's proposal for the joint appointment of a sole Panelist, or submit a list of three candidates from the List of Panelists if the dispute is to be decided by a three‑member Panel. If the registrant decides to be represented by an attorney, it must submit a power of attorney together with its Response.
All communication in the proceedings takes place electronically.
An oral hearing is not mandatory. An oral hearing will be held if requested by one of the parties, or if the Panelist or the Panel decides to hold one on its own initiative. Oral hearings are not public, unless the parties agree otherwise.
The language of the proceedings is Serbian, and the law of the Republic of Serbia applies.
Once the proceedings have been conducted, the Panelist or the Panel issues a decision on the Complainant's request. The decision is final, is not subject to appeal, and may not be reviewed before a regular court of the Republic of Serbia.
The decision is enforced upon the expiry of ten days from the date RNIDS receives it, except where a party to the proceedings has submitted proof that it has initiated proceedings before a competent court.
RNIDS is responsible for enforcement of the decision.
Do I need to be represented by an attorney?
A party to the proceedings is not required to be represented by an attorney. If a party decides to be represented by an attorney, it must submit a power of attorney to the Committee. If a party is represented by an attorney, all notices and other documents are served on the attorney rather than the party. However, if an oral hearing is held, the party represented by an attorney has the right to attend it.
Who decides the domain dispute?
As a rule, the decision in a domain dispute is made by a sole Panelist. However, either party to the dispute may request that the decision be made by a three‑member Panel. If the Complainant requests the formation of a Panel, it bears the full cost of the Panel. If the registrant requests the formation of a Panel, the Complainant pays the cost of a sole Panelist, and the registrant bears the difference up to the cost of a three‑member Panel.
Where the dispute is decided by a sole Panelist, the parties should jointly appoint the Panelist. If this is not possible, the sole Panelist is appointed by the Committee.
Where the dispute is decided by a three‑member Panel, each party appoints one Panelist, and the two Panelists so appointed jointly select the third — the chair of the Panel. If the registrant fails to appoint a Panelist, or the Panelists fail to agree on the chair, the Committee will appoint the missing Panelist(s).
