Nic.tr Era Ends And TRABİS Era Begins Very Soon: What Kind Of Changes Will Activation Of TRABİS In 2022 Bring About “.tr” Domain Names? – Media, Telecoms, IT, Entertainment

Operations for the allocation of “.tr” domain names in
Turkey have been managed by the Middle East Technical University
(“METU“) since 1991, through the
platform called Nic.tr. Pursuant to Article 35 of the Electronic
Communication Law No. 5809, the Ministry of Communication and
Substructure decided that the management and allocation of
“.tr” domain names will be undertaken by the Information
Technologies and Communication Authority
(“ITCA“).

Even though it was announced that all operations regarding
“.tr” domain names will be managed through the platform
called “.tr Network Information System”
(“TRABIS“) established within the scope
of the Internet Domain Names Regulation
(“Regulation“) published by the ITCA in
2010, which regulates the procedures and principles regarding
“.tr” domain names, the enforcement of the Regulation was
postponed until TRABIS becomes operational. Following the agreement
dated December 2018, in which METU transferred all of its authority
regarding the management and allocation of “.tr” domain
names to ITCA, the platform named Nic.tr would be shut down in
August 2020 and TRABIS would start operating, but the transition
was not completed. You may reach out to our legal alert about the
aforementioned process here.

Recent development

Nic.tr announced that management of “.tr” domain names
will be completely transferred to the ITCA, presumably in January
2022. Nic.tr emphasized that with the completion of the
aforementioned transfer in January 2022, vital changes will take
place in operations regarding domain names. You may reach the
legislation regarding the said changes and the new mechanism here.

What are the main radical changes that will take place in the
management of “.tr” domain names with the beginning of
the TRABIS period?

• In accordance with the Regulation, the Domain Registrar
  (“DR“) will act as an intermediary in
  the execution of operations related to domain names such as
  application, renewal and cancellation. DR will carry out the
  necessary actions through TRABIS, following requests such as domain
  name applications or renewal requests.




• In domain name allocations without ownership proof, the
  “first come, first served” principle will be
  practiced and in the determination of “first
  comer,” the record when the domain name application
  reaches TRABIS will be taken into account. The Regulation defines
  ownership proved domain name allocations as allocations made
  subsequent to the applicant’s submission of the relevant
  information and/or documents to DR and the delivery of this
  information and/or documents to TRABIS.




• In accordance with the Provisional Article 1 of the Internet
  Domain Names Communiqué
  (“Communiqué“), the sub-domains
  “.com.tr”, “.net.tr” and “.org.tr,”
  which were allocated with ownership proof prior to activation of
  TRABIS, may be put up for auction if deemed appropriate by the ITCA
  and within the framework of the procedures and principles
  determined by the Information Technologies and Communication Board,
  before starting to allocate them as undocumented after TRABIS goes
  into operation. In the event that the auction method is not
  implemented, these domain names will be allocated within the
  framework of the “first come, first served“
  principle once TRABIS becomes operational.




• If the domain name owner wishes to waive a domain name, the
  domain name owner will be required to fill in the form on the
  DR’s website completely and correctly, and upon request of
  waiver, DR will complete the necessary procedures via TRABIS.




• One of the most striking changes brought by the Regulation is
  the sales and transfer of domain names, which was not possible
  before. According to the Regulation, all operations regarding the
  cancellation, sales and transfer of domain names will be completed
  by DR through TRABIS. Article 13 of the Regulation on the sale and
  transfer of domain names via TRABIS will enter into force three
  years after TRABIS becomes operational, whereas sales and transfer
  of domain names during the transition period from Nic.tr to TRABIS
  is separately regulated in the Provisional Article 2 of the
  Regulation and second paragraph of Article 2 of the
  Communiqué. Pursuant to the relevant article, domain names
  cannot be sold for a period of three years from the effective date
  of the article, but may be transferred to others in the following
  cases:
  

  • In cases such as death, absence or presumption of absence of
    real persons, the domain name may be transferred to the legal
    heirs.

  
  

  • Legal entities may transfer their domain name due to reasons
    such as merger or acquisition.

  
  

  • Real and/or legal persons holding a trademark and/or patent may
    also transfer the domain names of the trademark and/or patent they
    own, if they transfer their rights arising from this trademark
    and/or patent.

  
  

  • Real and/or legal persons who have registered intellectual or
    artistic works may also transfer their domain names related to
    their intellectual or artistic works, if they transfer their rights
    arising from these intellectual or artistic works.




• The domain names that were allocated as of the effective date
  of the Regulation, allocated within the period from this date until
  the start of operation of TRABIS, and allocated until an DR starts
  operating in the minimum basis, will continue to be used until the
  end of the allocation period. These domain name owners will be able
  to choose one of the DRs on the ITCA’s website after TRABIS
  starts operating in order to carry out operations regarding the
  domain name they own, before or after the end of the allocation
  period of the relevant domain name. Operations regarding domain
  names that individuals own will be completed through TRABIS until
  at least one DR becomes operational.




• Pursuant to the Provisional Article 2 of the Communiqué,
  internet domain name owners who do not have any DR as of the date
  TRABIS started operating will select an DR and transfer the
  relevant internet domain name via TRABIS. The internet domain name
  that has not been transferred will remain in use until the end of
  the allocation period, but the operations that need to be carried
  out through an DR will not be possible.




• The opportunity of applying to the alternative dispute
  resolution mechanism specified in the Sixth Section of the
  Regulation is not available for domain names that were allocated
  before TRABIS becomes operational, but that it is available for
  those who are renewed after TRABIS becomes operational. Likewise,
  in accordance with the Communiqué on Internet Domain Names
  Dispute Resolution Mechanism, Dispute Resolution Service Providers,
  which refer to universities, public professional organizations or
  international organizations that carry out dispute resolution
  process regarding internet domain names through arbitrators or
  arbitration committees, will start to operate as of the date TRABIS
  becomes operational and will inform the ITCA about the situation in
  writing.




• The Communiqué emphasizes that in any dispute regarding
  an internet domain name, the time record registered in the TRABIS
  system will be taken as the basis.




• In accordance with the Regulation, the current operation
  carried out on Nic.tr will continue until TRABIS becomes
  operational. Answers to frequently asked
  questions regarding the transition from Nic.tr to
  TRABIS are available on Nic.tr’s website.

Conclusion

The ITCA’s authorization for domain name management and
allocation will bring about fundamental changes that make the sale
and transfer of “.tr” domain names possible. In order for
the transition process to be followed correctly and to prevent any
loss of rights, it is of great importance that the domain name
holders carefully follow the announcements that Nic.tr will make
through its website, social media accounts and emails.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.