Published: July 19, 2000
Revised: October 10, 2000
Revised: February 19, 2002
Revised: March 9, 2007
Revised: May 16, 2012
Revised: May 17, 2017
Revised: June 15, 2020
Implemented: October 1, 2020
JP Domain Name Dispute Resolution Policy
Art. 1 Purpose
This "JP Domain Name Dispute Resolution Policy" (hereinafter referred to as "the Policy")
has been adopted by Japan Network Information Center (hereinafter referred to as "JPNIC")
and is incorporated by reference into registration rules (a group of rules that Japan
Registry Service Co., Ltd. (hereinafter referred to as "JPRS") has established explicitly
in order to apply to those who have registered their domain names at JPRS (hereinafterreferred to as "the Registrant"), which shall be abided by the Registrant. The Policy has
determined the conditions in connection with a dispute between the Registrant and any third
party over the domain name arising from the registration and the use of domain nameregistered by the Registrant. Proceedings on JP Domain Name Dispute Resolution under Art.
4 of the Policy shall be conducted according to the "Rules for JP Domain Name Dispute
Resolution Policy" (hereinafter referred to as "Rules") and the supplemental rules of theselected dispute-resolution service provider that is approved by JPNIC (hereinafterreferred to as "the dispute-resolution service provider").
Art. 2 Notice of the Registrant and Violation of Duty of Notice
By applying to register a domain name, or by asking JPRS to maintain or renew a domain nameregistration, the Registrant shall notify JPRS of that:a. the contents of statements made in the Registration Application are complete andaccurateb. to the best knowledge of the Registrant, the registration of the domain name will not
infringe upon or otherwise violate the rights or interests of any third partyc. the Registrant is not registering the domain name for in bad faith (unfair purposes,that is, purposes of gaining unfair interests, of causing damages to others and otherunfair purposes. The same shall apply in the followings.)
d. the Registrant will not knowingly use the domain name in violation of any applicablelaws or regulations
In the event that any of the above is not correct, the Registrant agrees that the domainname may be transferred or cancelled pursuant to the Policy.
Art. 3 Transfers and Cancellations of Domain Name1JPRS will transfer or cancel the domain name registration under the following circumstances:a. Subject to the provisions of Art. 8, the receipt by JPRS of the documents (“documents”,“writings” and “documentation” include electronic or magnetic records (meaning records
used in computer data processing that is created in an electronic format, magnetic
format, or other format that cannot be perceived with the human senses alone; the same
applies hereinafter)) of instruction from the Registrant or its authorized agent totake such action;b. The receipt by JPRS of the original (a copy of the original may be acceptable if
circumstances require) of an order from a court or arbitration tribunal, in each caseof competent jurisdiction, requiring such action; and/orc. The receipt by JPRS of a decision of an Administrative Panel requiring such action in
JP Domain Name Dispute Resolution Proceedings to which the Registrant was a party andwhich was conducted under this Policy or a later version of this Policy adopted by JPNIC(See Art. 4 (i) and (k) of the Policy below.)
JPRS may also cancel or transfer the domain name registration in accordance with the termsof the Registration Rules or other legal requirements. If the transfer has been made, however,
JPRS will not establish the name server for the domain name unless the qualifications andrequirements for registration are satisfied.
Art. 4 JP Domain Name Dispute Resolution Proceeding
This Article sets forth the type of disputes for which the Registrant is required to submit
to JP Domain Name Dispute Resolution Proceedings. These proceedings will be conducted before
one of the administrative-dispute-resolution service providers listed on the web site of
JPNIC.
a. Applicable Dispute
The Registrant is required to submit to this JP Domain Name Dispute Resolution Proceedingin the event that a third party (hereinafter referred to as "Complainant") asserts to theapplicable dispute-resolution service provider, in compliance with the Rules, thati. the domain name of the Registrant is identical or confusingly similar to any marksuch as trademark or service mark in which the Complainant has rights or legitimate
interests; andii. the Registrant has no relevant rights or legitimate interests in respect of the domainname; andiii. the domain name of the Registrant has been registered or is being used in bad faith(unfair purpose).
In the JP Domain Name Dispute Resolution Proceeding, the Complainant must prove each ofthese three elements.

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b. Proof of Registration or Use in In Bad Faith (Unfair Purpose)
To determine whether or not there are factual elements provided by this Article (a)(iii),
the panel of the dispute-resolution service provider must consider that the registrationor use of a domain name is for in bad faith (unfair purpose) if the Panel found especiallythe following circumstances, in particular but without limitation.
i. circumstances indicating that the Registrant has registered or has acquired the domainname primarily for the purpose of selling, renting, or otherwise transferring thedomain name to the Complainant or to a competitor of that Complainant, for valuable
consideration in excess of the out-of-pocket costs (amount to be confirmed bydocumentation) directly related to the domain name; orii. the Registrant has registered the domain name in order to prevent the Complainantfrom reflecting any trademarks or other indication in a corresponding domain name,provided that the Registrant has engaged in a plural numbers of such interference;oriii. the Registrant has registered the domain name primarily for the purpose of disrupting
the business of a competitor; oriv. by using the domain name, the Registrant has intentionally attempted to attract, forcommercial gain, Internet users to the web site or other on-line location of theRegistrant, by intending to make a confusion as to the source, sponsorship,
affiliation, or endorsement of the web site or location or of a product or service
thereon.
c. How to Demonstrate the Relevant Rights to and Legitimate Interests in the Domain Name
When the Registrant receives a complaint, the Registrant should refer to Art. 5 of the Rules
and submit the response to the dispute-resolution service provider. In order to determine
whether or not the factual situation provided by this Article a (ii), if the panel reviewed
all evidence presented either by the Complainant or the Registrant and especially found
the following circumstance, in particular but without limitation, the Panel must consider
that the Registrant holds the relevant rights or legitimate interests to the domain name:i. before the Registrant receives any notice of the dispute related to the subject domainname by any third party or the dispute-resolution service provider, the Registrant
uses of, or apparently demonstrate preparations to use of, the domain name or a namecorresponding thereto, in order to offer of goods or services for a valid purpose;orii. the Registrant has been commonly known by any name under the domain name, regardlessof registration or others by the Registrant of any trademark and other indications.
iii. The Registrant is using the domain name for a noncommercial purpose or is making fairuse of the domain name, without intent for commercial gain to misleadingly divert
consumers by utilizing the trademark and other indications of the Complainant or totarnish any trademark and other indications of the Complainant.
d. Selection of Dispute-Resolution Service Provider

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The Complainant shall select the dispute-resolution service provider from among those
approved by JPNIC by submitting the complaint to that dispute-resolution service provider.
The selected dispute-resolution service provider shall administer and conduct the JP Domain
Name Dispute Resolution Proceeding, except in cases of consolidation as described in this
Article (f).
e. Initiation of Proceeding and Process and Appointment of Panel.
The Rules state the process for initiating and conducting a proceeding and for appointing
the panel that will decide the dispute.
f. Consolidation
In the event of multiple disputes between the same Registrant and the Complainant, either
the Registrant or the Complainant may petition to consolidate the disputes before a single
panel. This petition shall be made to the first panel appointed to hear a pending dispute
between the parties. This panel may consolidate before it any or all such disputes at its
sole discretion, provided that the consolidated disputes are governed by this Policy orlater versions of this Policy adopted by JPNIC.
g. Fees
All fees charged by a dispute-resolution service provider in connection with any disputecase before a panel pursuant to this Policy shall be paid by the Complainant, except incases where the Registrant elects to expand the number of panelist from one to three asprovided in Art. 5 of the Rules, in which case all the fees will be shared evenly between
the parties.
h. The Involvement of JPNIC and JPRS in the JP Domain Name Dispute Resolution Proceedings
JPNIC and JPRS do not, and will not participate in the administration or conduct of any
proceeding before a panel. In addition, JPNIC and JPRS will not be liable for decisions
itself rendered by the panel.
i. Remedies
The remedies available to the Complainant pursuant to any proceeding before a panel shallbe limited to requiring the cancellation of the domain name of the Registrant or the transferof the domain name registration to the Complainant.
j. Notification and Publication
The dispute-resolution service provider shall notify JPNIC and JPRS of any decision madeby a panel with respect to the domain name. JPNIC shall reposit and publish all decisions
over the Internet, provided, however, that JPNIC may not publish certain portions of its

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decision when JPNIC determines it necessary. The dispute-resolution service provider shallagree on JPNIC's reposition and the publication of the decisions.
k. Availability of Court Proceedings
Either of the parties may submit the dispute to a court before the JP Domain Name Dispute
Resolutions Proceeding is commenced, whilst such proceeding is pending or after suchproceeding is concluded. Any requirement set forth in this Article shall not prevent theparties from submitting the dispute to a court under this clause. If the panel decides thatthe domain name registration of the Registrant should be canceled or transferred, JPRS will
wait ten (10) business days (as observed in the location of the head office of JPRS) after
JPRS is informed by the applicable dispute-resolution service provider of the Panel's
decision before implementing that decision. JPRS will then implement the decision unless
JPRS has received a document from the Registrant (a copy of a complaint, file-stamped by
the clerk of the court or certification of filing a lawsuit delivered by the Court) which
proves that the Registrant has commenced a lawsuit against the Complainant in a jurisdiction
to which the Complainant has submitted under Art. 3 (b) (xii) of the Rules during that ten(10) business day period. (In general, that jurisdiction is either the Tokyo District Courtor the location of the address of the Registrant as shown in the domain name's registration
data in JPRS. See Art. 1 and Art. 3 (b) (xii) of the Rules.) If JPRS receives the document
which proves the filing of a lawsuit from the Registrant within the ten (10) business day
period, JPRS will not implement the panel's decision. JPRS will take no further action
concerning the implementation of the Panel's decision until JPRS receives a copy of (i)thesettlement agreement between the parties made in notarized documentation, (ii) the petition
for withdrawing the action brought by the Registrant and of consent for the withdraw by
the Complainant, or(iii) a final judgment or the documentation equivalent to it of suchcourt dismissing the lawsuit or ordering that the Registrant does not have the right tocontinue to use the domain name.

Art. 5 All Other Disputes and Litigation
All other disputes between the Registrant and the Complainant regarding the domain nameregistration, which are not brought pursuant to Art. 4 of the JP Domain Name Dispute
Resolution Proceeding, shall be resolved between the parties through any court, arbitrationor other proceeding that may be available.
Art. 6 The Involvement of JPNIC and JPRS in Disputes
Both JPNIC and JPRS will not participate in any way in any dispute between the Registrant
and any third party regarding the registration and use of the domain name. The Registrant
shall not name JPNIC and/or JPRS as a party/parties or otherwise include JPNIC and/or JPRS
in any such proceeding. In the event that JPNIC and/or JPRS are/is named as a party/parties
in any such proceeding, JPNIC and/or JPRS reserve(s) the right to raise any and all defenses
deemed appropriate, and to take any other action necessary to defend itself/themselves.

5Art. 7 Maintaining the Status Quo
JPRS will not transfer, cancel or otherwise change the status of any domain name registration
under this Policy except as provided in Art. 3 of this Policy and in the Registration Rules.
Art. 8 Transfers of Domain Name during a Dispute
The Registrant may not transfer the domain name registration to another holder under eachof the following conditions.
i. during a pending JP Domain Name Dispute Resolution Proceeding pursuant to Art. 4 orfor a period of fifteen (15) business days (as observed in the location of the head
office of JPRS) after such proceeding is concluded; orii. during a pending court proceeding or arbitration unless the party to whom the domainname registration is being transferred agrees, in writing, to be bound by the decisionof the court or arbitrator.
JPRS reserves the right to delete any registration of a domain name transferred to anotherholder or to disapprove of any application for transfer of registration which are made in
violation of this Article.
Art. 9 Policy Modifications
JPNIC reserves the right to modify this Policy at any time. JPNIC and JPRS will post therevised Policy on each website at least thirty (30) calendar days before it becomes effective.
When the Proceeding was initiated by the submission of a complaint to the dispute-resolution
service provider, the Policy in effect at the time it was invoked will continue to be applied
to the proceeding until it is concluded. In the event that the proceeding was not initiatedunder this Policy, all the changes shall be applied to all JP Domain Name Dispute Resolution
Proceeding, whether the dispute arose before, on or after the effective date of the change.
In the event that the Registrant objects to a change in this Policy, the sole remedy for
the Registrant is to cancel the domain name registration with JPRS, provided that theRegistrant will not be entitled to a refund of any fees paid to JPRS. The revised Policy
will apply to the Registrant until the Registrant completes the cancellation of domain nameregistration.
Art. 10 Applicable Law in this Policy
All the provisions in this Policy shall be construed in accordance with the laws of Japan.
The panel that will conduct dispute resolution under this Policy shall render decisions
pursuant to the laws of Japan.

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