About DomainDisputes.co.za

The South African Institute of Intellectual Property Law (SAIIPL) is pleased to announce that it has been accredited as a dispute resolution provider in terms of the recently introduced .za Alternate Dispute Resolution Regulations.

Previously, the only possible action which could be taken against the unauthorised registration of a co.za domain name was to institute court proceedings for trade mark infringement in South Africa. However, a new procedure, which is very similar to the procedure followed by WIPO in its administration of ICANN’s Uniform Dispute Resolution Policy, was introduced in South Africa on 1 April 2007 and SAIIPL has been accredited as a dispute resolution service provider by the Department of Communications.

The new procedure entitles any party to lodge a complaint against a co.za domain if the domain name "takes unfair advantage of the rights" of that party or "is contrary to law or likely to give offence to any class of persons". Complaints can be filed against domain names which incorporate registered trade marks or even trade marks which are not registered but which are well known. Complaints can also be filed against domain names which amount to hate speech or racism or any other such names which are contrary to public policy.

The new procedure provides a cost efficient and expeditious resolution of domain name disputes. Disputes filed with SAIIPL are normally concluded within two to three months, using on-line procedures, whereas court litigation would take significantly longer. Fees are also much lower than normal litigation.

SAIIPL was established in 1954 and represents over 140 patent attorneys, patent agents, trade mark practitioners and academics in South Africa who specialise in the field of Intellectual Property Law. SAIIPL has a large panel of independent and experienced adjudicators, taken from the most experienced practising attorneys, advocates and academics in the field, to determine disputes lodged with it.

The development is to be welcomed and goes a long way to ensuring that South Africa is keeping pace with international developments.

About the SAIIPL

The South African Institute of Intellectual Property Law (SAIIPL) was established in 1954 and represents over 140 patent attorneys, patent agents, trade mark practitioners and academics in South Africa who specialise in the field of Intellectual Property Law. The SAIIPL is widely regarded as the custodian of South Africa's intellectual property rights, and comprises practicing attorneys, academics, practitioners in businesses and in general, people interested in the protection and enforcement of intellectual property rights.

The members of the SAIIPL represent the majority of national and international businesses who have built their businesses on brands, innovation and technology, and who protect their interests through our country's intellectual property laws. Members of the SAIIPL also represent the interests of their individual firms and clients at a number of local and international organisations such as WIPO, LES, INTA, etc.

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Adjudicators

	Gaelyn Scott - Bowman Gilfillan Inc (Trainee Adjudicator) Admitted attorney (1997); 10 years post admission; 9 years experience in Intellectual Property law, particularly IP litigation including trade marks, copyright and unlawful competition; Advertising Standards Authority disputes
	Deon Bouwer - Bouwers Inc. (Senior Adjudicator) 14 years of which 11 years are in intellectual property
	Dr Wim Alberts - Bowman Gilfillan Inc (Senior Adjudicator) Practising as an attorney for 14 years, focussing on trade mark related litigation. Research Fellow in Intellectual Property Law, Unisa.