Under What Conditions Will The Sale And Transfer Of “.tr” Domain Names Be Possible With The Beginning Of The TRABIS Period? – Intellectual Property

The enforcement of the Internet Domain Names Regulation
(“Regulation“), published by the
Information Technologies and Communications Authority
(“ITCA“) in 2010, which regulates the
procedures and principles regarding “.tr” domain names,
was delayed until the “.tr Network Information System”
(“TRABIS“) becomes operational. In
accordance with the recent announcement, the Nic.tr platform, where
the procedures for the allocation of “.tr” domain names
have been carried out since 1991 in Turkey, will be shut down and
TRABIS will start operating. The Regulation, which will come into
force at the beginning of the TRABIS period, clearly stipulates
that “.tr” domain names may be subject to the
transactions for sale and transfer, which has not been regulated
before. You may read our legal alert on Nic.tr’s aforementioned
announcement here.

Recent development

With the transition from Nic.tr to TRABIS in January 2022, the
Regulation will enter into force and, thus, sales and transfer of
domain names, which was not previously possible, may be carried
out. Both the Regulation and the Internet Domain Names
Communiqué (“Communiqué“)
contain comprehensive provisions regarding the sale and transfer of
“.tr” domain names. Moreover, the conduct of these
transactions in the transition process from Nic.tr to TRABIS is
regulated separately.

What conditions will be sought for the sale and transfer
of “.tr” domain names at the beginning of the
TRABIS period?

• One of the most striking changes brought by the Regulation is
  the sale and transfer of domain names, which was not possible
  before. Pursuant to Article 13 of the Regulation regarding the sale
  and transfer of domain names via TRABIS, the relevant form on the
  website of the Domain Registrar’s
  (“DR“) from which the service is
  obtained must be filled in completely and correctly for the sale or
  transfer to take place. In case the DR completes the required
  procedures on TRABIS, the domain name owner will be altered in line
  with the sale or transfer of the domain name.




• Article 13 of the Regulation also regulates that the domain
  name belonging to real persons can be transferred to their legal
  heirs in cases such as death, absence or the presumption of
  absence.




• The term of use of the sold or transferred domain name will not
  change.




• Article 33 of the Regulation clearly states that Article 13
  regarding the sale and transfer of domain names will enter into
  force three years after TRABIS becomes operational. The sale and
  transfer of domain names during the transition period form Nic.tr
  to TRABIS are regulated both in Provisional Article 2 of the
  Regulation and the second paragraph of Article 22 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 the 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 a 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.

Conclusion

With the transfer of domain name management and allocation
authority to the ITCA through TRABIS, the Regulation enabling the
sale and transfer of domain names will enter into force. Provisions
concerning when and under what conditions the sale and transfer of
internet domain names will be possible are set forth in the
relevant articles of the Regulation and the Communiqué,
including separate provisions regarding the transition period to
TRABIS. You may read the details of the sale and transfer of domain
names, which are regulated for the first time in our law, as well
as the legislation regarding the transition process from Nic.tr to
TRABIS here.

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.