The management of domain names is crucial for companies operating online. In Argentina, internet domains with the “.ar” extension are administered by NIC Argentina, an entity that also supervises disputes that may arise concerning these domains. These disputes typically involve trademark rights, corporate names, trade designations, copyright issues, and unfair competition conflicts.
With Provision 187/23 of NIC Argentina, guiding criteria have been established to determine when a domain is registered or used abusively or in bad faith. This framework strengthens NIC Argentina’s ability to ensure transparency in domain usage and protect legitimate holders. Below, we explore the dispute resolution mechanism and its procedure.
Dispute Resolution at NIC Argentina
With Resolution SLYT No. 2/22, the Regulations for the Administration of Internet Domains in Argentina were approved, governing the procedure for claiming domain ownership.
Chapter III: DISPUTES outlines a process through which any user who believes they have a better right or legitimate interest can dispute a domain name. The steps are as follows:
- Filing the dispute through the TRÁMITES A DISTANCIA (TAD) platform—a digital platform for public procedures in Argentina—along with all supporting documentation proving the claimant’s superior right or interest in the domain name.
- Notification to the disputed domain holder, granting them 10 business days to submit a response.
- Response from the domain holder, who must present documentation supporting their right to the domain through the same platform.
- Decision by NIC Argentina, which will analyze the evidence presented and issue a ruling. The parties may appeal in accordance with the Regulations on Administrative Procedures (Decree 1759/72).
New Guiding Criteria Under Provision 187/23
Provision 187/23 of NIC Argentina also introduces important guiding criteria to help determine whether a domain name has been registered or used in bad faith. Some of the criteria include:
- Whether the domain name creates confusion with a registered trademark or trade designation.
- Whether it is used to block access to other users or disrupt commercial activities.
- Whether it has been registered with the intent to sell it or profit unduly.
- Whether the domain is not linked to a real digital activity.
Conclusion
Domain dispute resolution in Argentina is essential to protect intellectual property rights and prevent online abuses. At Legal Core Group, we assist our clients in resolving these disputes and safeguarding their digital assets. If you need advice on a domain dispute, contact us for specialized consultation.