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Domain name disputes in Kenya

Domain name disputes in Kenya

23rd February 2015

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The Kenya Network Information Centre (KENIC) prescribes a Domain Name Dispute Resolution Policy (Alternative Dispute Resolution Policy or ADRP) and Regulations, similar to ICANN’S UDRP. In terms of Kenya’s ADRP, a complainant in a domain name dispute may request the cancellation or transfer to it of a domain name registered in the .co.ke domain name space. However, until recently, KENIC’s ADRP was not operational and only existed in theory.

2015 has, however, already seen developments at KENIC as it has confirmed that it will be appointing two domain name dispute resolution providers shortly. The details of these providers are expected to be published on KENIC’s official website during the course of February 2015 and it seems that the ADRP will be operational from that point onwards.

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In the meantime, KENIC has initiated a mediation process whereby parties to a domain name dispute are invited to attend mediation sessions facilitated by KENIC as a way in which to resolve domain name disputes. There have been reports that mediation has been successful in some cases.

Should you require advice or assistance regarding a domain name registration or dispute in Kenya, please send your query to your usual Adams & Adams contact or to domains@adamsadams.com

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Written by:  Kim Rampersadh: Associate - Trade Marks Department and Kelly Thompson: Partner - Trade Marks Department, Adams & Adams

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