Turkish Country – Code Domain Name System On The Eve Of A New Era – Intellectual Property

• The long-awaited TRABIS System, which replaces the Nic
  TR system, will become effective in the near future




• The most important change is that extensions such as
  ‘com.tr’, ‘org.tr’, ‘net.tr’ will be
  allocated on a ‘first come, first-served’
  basis




• A new dispute resolution mechanism is due to come into
  effect

Since 1998 Nic TR, under the Middle East Technical University,
has been authorised by ICANN to register and manage ‘.tr’
domain names. Recently, it has been announced that the long-awaited
TRABIS System, which replaces the Nic TR system, will become
effective in the near future. This will bring some important
changes to the allocation and transfer of domain names and to
dispute resolution.

Key Changes

The most important change will be that extensions such as
‘com.tr’, ‘org.tr’, ‘net.tr’ will be
allocated without the need to provide any document proving the
rights of the applicant. In other words, as is the case for generic
domain name extensions such as ‘.com’, ‘.org’. or
‘.net’, these extensions will also be allocated on a
‘first-come, first-served’ basis. This new principle may
result in the unauthorised registration of domain names not yet
acquired by the genuine trademark owners.

Further, in contrast to the old system, the new system allows
domain name sales transactions. Domain name sales will be possible
three years after the TRABIS system becomes effective. Accordingly,
if third parties without any connection to the trademark owners
acquire domain names, they may sell these to any party after three
years.

Finally, once the TRABIS system is in force, a new dispute
resolution mechanism will come into effect; the Information
Technology and Communication Authority shall provide the details of
this new system once available.

Comment

With the entry into force of TRABIS, a new era will begin in the
management and allocation of ‘.tr’ domain names. It is
expected that the number of disputes will increase due to the use
of the ‘first-come, first served’ principle, with domain
names being allocated without any documents. While it is believed
that the adoption of arbitration within the framework of the new
dispute resolution system will contribute to the quick and
effective settlement of disputes, brand owners may consider
obtaining ‘com.tr’ domain names for their core trademarks,
and/or follow up the use of their trademarks through unauthorised
domain name registrations by taking action in a timely manner.

First published by WTR in 02, February 2022

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