France launches Syreli for resolving website disputes
France's national domain name registry launched a new dispute resolution system in November 2011.
The French Minister of Electronic Communication approved the terms and conditions of Syreli in October and this was confirmed in the French Official Journal in November 2011.
Syreli is the brainchild of AFNIC (Association Française pour le Nommage Internet en Coopération), the association responsible for assigning and managing the .fr top-level domain (TLD).
AFNIC’s new domain name dispute resolution system replaces the Parl system. Under that system, disputes were decided by World Intellectual Property Organization (WIPO) Arbitration and Mediation Center-appointed experts. AFNIC will now decide all Syreli cases.
The dispute resolution system will apply to domains that were registered or renewed after July 1, 2011.
Syreli will have jurisdiction over all disputes involving .fr and .re, a new TLD for French jurisdiction Reunion Island, and to all the extensions that AFNIC manages, from December 2011. AFNIC will issue rulings based on documents and statements filed by the parties involved and will not conduct hearings in person or through video, telephone or Internet conferences.
The complainant must pay a 250 euro examination fee and can expect to see a decision within two months of filing its complaint.
A panel of three AFNIC members will make the final decision. Domains can be transferred but no damages can be awarded, and the final decision is immediately enforceable if the domain name owner decides not to appeal. A judge will hear any appeal against an AFNIC decision.
To have a domain successfully transferred to it, the complainant must prove that it has a valid interest to act.
It must also prove that the domain name owner is doing something wrong by owning the domain name, which can include infringing IP and disrupting public order.
In cases of IP infringement, the complainant must also prove that the domain name owner has no legitimate interest and is acting in bad faith.
