INTERNET LAW - DOMAIN NAME REGISTRATION IN GERMANY

The registry for the .de domain is administered by DENIC in Germany. The Domain Name Contract with DENIC can be concluded once the registration guidelines and general terms and condition laid down by DENIC are fulfilled. The contents of these provisions describe the rights and obligations of the Registry and the Registrant with respect to registration and all issues in relation to Domain Name. There is no restriction on the number of domain names that a single entity or person can register. This article answers the following questions: What characters are permitted for domain name registration under .de in Germany? What duties lie on the Domain Holder at the time of registration? What conditions lead to termination of the domain Contract by the DENIC? What is a DISPUTE entry? What material must be stipulated in an application to dispute entry?
DENIC was established in December 1996 and founded by German Internet Providers. Both German and non-German residents or institutions may register a site using the .de domain name. However, if the registrant is not located in Germany, an administrative contact person must be appointed who is a resident in Germany and must serve as the registrant’s representative for receiving the service of official documents pertaining to the domain name. Parties may register for a domain name either through a Registrar or directly through DENIC.

Before applying for domain name a search by WHOIS Database can be carried out for the availability. The .de domain names are registered for a period of 1 to 10 years subject to renewal and the payment of term fees. German domain name registration is available on a first come first served principle. Also, a registrant may divide its domain name into sub domains. However, such sub-domains are not registered by DENIC, but have to be set up by domain holder or his/her provider.


DENIC registries do not use The Uniform Domain Name Dispute Resolution Policy (UDRP) established by ICANN for settling disputes about domain names.





What characters are permitted for domain name registration under .de in Germany?

The character permitted for .de domain name registration are character 0-9, the 26 letters of the Latin alphabet, hyphens, and other letters listed in the Annex of the DENIC Domain Guidelines. However, such non-numeric or non-letter characters cannot appear as first or last characters of the domain name, nor is it possible for both third and fourth places to be hyphens at the same time. No distinction is made between capital and small letters. The minimum length of a .de domain is three characters and the maximum length is 63 characters. If the domain includes letters from the Annex, the maximum length is determined by its ACE version in accordance with RFC3490 (Request for Comments).


What duties lie on the Domain Holder at the time of registration?

According to the DENIC terms and conditions, the domain name holder must have the following obligations at the time of registering:

• The Domain Holder must give an assurance that the data or information pertaining to holder contained in application for registering the domain is accurate and that the registrant is entitled to register and/or use the domain.

• The registration and use of the domain name does not infringe any person rights nor break any law.


• If the domain name holder is not resident of Germany, in such case the Administrative Contact shall be appointed by Domain holder which is authorized representative for receiving the service of official or court documents.


The Domain holder must ensure that all the necessary technical conditions for the domain’s connectivity are fulfilled. These duties include but are not limited to carrying out a WHOIS query immediately after registration, checking the data published in Survey and informing DENIC immediately of any required corrections to the data as published as well as any subsequent modifications of such data.



What conditions lead to termination of the domain Contract by the DENIC?

Under DENIC terms and conditions, the DENIC has the right to terminate the Domain Contract on substantial grounds without giving any notice beforehand to the holder if,
1. Data communicated by DENIC or the Administrative Contact submitted to the domain holder is incorrect or irrelevant;

2. A Domain Holder, that has abandoned its domicile in Germany or is a non-German resident fails to appoint an Administrative Contract domiciled in Germany even after receiving a formal warning with deadline for compliance;

3. The domain itself includes a manifest illegal statement;

4. The Domain holder has persistently breached substantial duties after receiving a formal warning for compliance;

5. When the registration is confirmed and the Domain holder does not create the necessary technical conditions for the domain's connectivity with a period of four weeks, the Domain Contract is automatically terminated;

6. In a final judgment on the case, it has been determined that the registration of the domain for the Domain holder has infringed the rights of others.



What is a DISPUTE entry?

According to DENIC guidelines, DENIC may place a Dispute Entry on the domain if a third party presents a case to show their right to the domain and taken steps to enforce this right against the Domain Holder. The Dispute Entry remains in effect for one year, but can be extended by DENIC, provided that the holder submits evidence that dispute has not been resolved.


What material must be stipulated in an application to dispute entry?

The application must be placed on a signed application form which confirms that the applicant has already started the process of resolving the dispute with the domain holder or that he intend to do so in the near future. The application must enclose documentary evidence showing the reasonable grounds for claim.

Source