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DOMAIN NAMES in TURKEY Determination of Policies and Rules Mo. Transportation legal base: Law no 4502 (Telsiz ve Telgraf Kanunu)55 High Internet Board 1998 DNS Working Group 2000 DNS Working Group operates as a lregulatory power by determining policies, rules and procedures on domain names 17 public inst. , content and serv. prov. 20 NGOs etc 11 members from: Internet Service providers Universities, Union for Bars, TPI, Union for Chambers of Commerce etc. implementation: ODTU nic. tr 5

DOMAIN NAMES in TURKEY • The policies and procedures in terms of ". tr" domain name registration were • Nevertheless, it has started to operate Currently this department under Nic. tr (". tr" Domain Names) Administration constituded and executed by the Computer Center of Middle East Technical University from 1991 to 1998 (ODTU) • as an individual department of • Middle East Tecnical University • since 1998 due to the increasing • work load has been registering ". tr" extended d. names 6

DOMAIN NAMES in TURKEY The purpose of Nic. tr is; to issue and manage all the domestic and overseas applications for ". tr" country code Top Level Domain and to conclude the registration if the application is appropriate, to perform the administrative, financial and technical services needed or required regarding. tr domain names in the interests of the stakeholders, to provide customer support through e-mail and phone during the domain name operations. 7

The Middle East Technical University (ODTU =METU) is the sole national authority that allocates and administers domain names in the Turkish jurisdiction. Registry and Policy Regulation METU has undertaken the administration and the co-ordination of the domain names at the top level (. tr) and its second levels (Sub TLDs or sub generic Ds)since 1991. Nic. tr (". tr" Domain Names Administration is the official name of the relevant department of ODTU, (and the web address is https: //www. nic. tr ) The "DNs Working Group" which functions under the authority of the Internet Committee and consists of eleven corporate members of sector representatives , operates as the legislative power by determining policies, rules and procedures while ODTU performs registry (execution). 8

. tr Policy and Procedure of ODTU Who can apply? Legal or natural persons: Both legal and natural persons can apply for the assignment of a domain name. There is no restriction based on nationality. Registration Procedure: . “. tr” domain names are classified into two categories as “Document(s) Required” and “No Document Required” at the registration stage. The applications are made through NIC-tr web pages. In the applications for“No Document Required” domain names (web. tr, gen. tr, name. tr, tel. tr, etc. ), the domain name allotment is actualized immediately. “Document(s)Required” type of domain name applications, on the other hand, are assessed and finalized by the “. tr” Domain Name Administration keeping to the rules stated in the ‘. tr Policy Document’ which is updated with certain interwals. The last update occured on December 2007. 9

Documents: a-Supporting documents of DN Applications- in general. An application for the allocation of a domain name must be supported by the following documents in principle: (a) Related registration certificates (such as trade registration certificate, birth certificate, etc. ) are required in the application for a domain name. (b) The applicant is required to submit certification of IP rights, if any, when applying for the allocation of a domain name. However, if an establishment does not have an IP registration or a document certifying a request for registration, then it can obtain the requested domain name temporarily. The period cannot exceed six months. In the case of a refusal of relevant IP registration, the temporarily assigned domain name is revoked (ODTU technically ascertains whether the same domain name has already been assigned or not. It is the applicant's obligation to submit documentation indicating that the chosen name has no relation with previously registered names. ODTU does not conduct any further searches as to the novelty of the name before assigning a domain name. ) 10

Documents: b-Documents required according to categories: METU requires different certificates according to the categories of domain names. The certificates necessary for some categories are as follows: for com. tr : trade registry certificate (Ticari Sicil Tescil Belgesi) issued by the Ministry of the Industry and Commerce and/or trade mark registration certificate given by the. TPatent Institution; for gov. tr : written authorisation given by the highest authority of the requesting establishment; for org. tr : establishment law or regulation of the requesting organisation, foundation or association; for edu. tr : written authorisation given by the rector/president of the requesting university; for k 12. tr : written authorisation given by the director of the requesting primary and secondary school; for mil. tr : written authorisation given by the Presidency of the General Staff, Turkish Armed Forces upon the request of the applicant establishment; for av. tr : certifying documents from the TBar Union for dr. tr : documents from TMedical Association 11

. tr. Policy Document underlines the following rules for dispute resolution c. Concerning the domain name causing disagreement, “. tr” Domain Name Administration will implement the decisions made by the Disagreement Solving Council. d. An objection can be made by either an individual or an organization. e. The objections are expressed in a file to be prepared in the way proposed and published by the DNS Working Group and/or Disagreement Solving Council. f. The contents of the objection file will be defined on the related WEB pages. g. The establishment and working rules for the Disagreement Solving Council will be published later. h. Except for the domain names “gen. tr” and “web. tr”, in the cases when an objection is made to the “. tr” Domain Name Administration, they can demand documents (such as commercial registration, trademark registration, personal identity, etc. ) from an individual or organization to whom a domain name has been allotted to prove its relation with the domain name. 12

DNs Dispute Resolution in Turkey A-Conflicts between domain names If a conflict arose between an existing domain name and a domain name that is the subject of a subsequent application to METU/ODTU, this would be resolved METU/ODTU has declared that it would comply with any decisions of the courts. Either among the related persons amicably or by applying to the court There is also the possibility of local or international arbitration where the parties to the dispute accept such alternative dispute resolution mechanism before or after the dispute. 13

DNs Dispute Resolution in Turkey + B-Conflicts between domain names applications and trade marks/company names which had already been A variety of situations might be registered as a encountered - trademark or with regard to a subsequent -company name application for a domain name ODTU tries to prevent such conflicts by enforcing the DNs’ applicants to submit their own certificates/documents before registration In principle, ODTU does not act ex officio. The domain name allotted will be announced in the objection list at the NIC-tr web pages for a duration of 6 months to inform the public and to enable the objections. In the case when there is no objection made, the domain name will become definite and will be allotted to the applicant. Any objection that may raise either during the 6 month objection list period will be assessed and finalized by The DNs Working Group. 14

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