Legal

Challenging the assignment of a .it

The assignment of a domain can be the subject of dispute between one or more parties who claim the right to it. The Registro .it does not take part in resolving the dispute, but provides its users with a specific tool: the challenge procedure. This "freezes" the allocation of the domain until the dispute has been resolved and allows those who have initiated the challenge to exercise a right of first refusal on any new assignment.

A challenge can be initiated by sending the Registry a written request with the details of the sender, the domain name that is being challenged, the background, and the rights that are presumed to have been infringed.
There are sample templates (request and renewal) to help users in making the request. 

The challenge must be renewed, by registered mail, every 180 days, unless there is a court judgement, arbitration or a reassignment procedure pending.

The request for renewal may not be repeated more than twice.


Arbitration

The arbitration consists in entrusting a panel of arbitrators with resolving the challenge, rather than resorting to ordinary courts.


Reallocation

The opening of the opposition does not allow automatic possession of the domain already registered by another party, but enables access to two procedures - alternatives to appealing to the judiciary - for the resolution of the dispute: informal arbitration and reallocation procedure.

The procedure for reallocation is conducted by professionals (termed Providers of the Service of Dispute Resolution, PRSD) and is designed to verify that a domain has been registered and maintained in bad faith. The only result of this procedure is the reallocation of the domain to the party that initiated the challenge. This reassignment does not prevent recourse to the courts or to arbitration. Reassignment cannot be activated if an arbitration procedure has already been initiated or if there is a sentence pending in an ordinary court.

The domain name can be assigned to the new Registrant, within the 30 (thirty) days following the passage to the “inactive/toBeReassigned” status. The new Registrant must, as a first step, contact his/her Registrar requesting the “contactID” to insert in the reallocation request. If the registration is not completed within the 30 (thirty) days following the passage to the “inactive/toBeReassigned” status”, the domain will return free for a new assignment according to the “first come first served” principle.

The Registrant, in the case of an actively challenged domain name, can directly request the Registro .it to immediately cancel the domain name without making use of the possibility of reactivation to which she/he has a right according to the status of “pendingDelete/redemptionPeriod”

(In the case of a cancellation carried out by his own Registrar).


PSRD

The PSRD must meet certain criteria of fairness and transparency, set out by the .it Registry in the "Procedures for the accreditation of providers of service-out-of-court settlement of disputes of the ccTLD. it."
Those who wish to be accredited as a PSRD should apply to the Registry which will decide on the admission, after hearing the opinion of the Steering Committee.

 

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