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.be domain names can be registered very quickly, but according to DNS.be, that does not mean that other users’ rights can be infringed. Until recently, those who were of opinion that someone had registered a domain name to which they had more rights could initiate an arbitration procedure through the CEPINA. However, this procedure cost 1,620 euros, of which half had to be paid by the losing party.
But as from February 15th 2009, full repayment will be expected for the claimant, provided that his claim turns out to be well-founded. DNS.be will then try to get back the amount from the previous domain owner. On the other hand, lawyers’ fees do not fall under this regulation, since an ADR procedure can also be handled without a lawyer.
A .be domain name can be transferred if the following three conditions are met :
1 - the disputed domain name is identical or strongly corresponds to a name (e.g. a brand name) to which the claimant can assert rights
2 - and the current owner of the domain name cannot assert rights of legitimate interests with regard to the disputed domain name
3 - and the domain owner shows a lack of good faith (when registering and/or using the domain name).
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