Internet conflict in Brazil: about the administrative system


7. July 2022

By Carlos Cavalcanti. Managing Partner at Moeller IP Brazil.

Brazil has an administrative system for internet conflicts – SACI-Adm – created in 2010, it has solved conflicts related to domains under the “.br”. with the support of the Brazilian Internet Management Committee (CGI.br), SACI-Adm was implemented by the Information and Coordination Center of Ponto BR (NIC.br) and has been a successful case in the administrative resolution of conflicts related to domain names. During this period almost 500 procedures were initiated, with a 45-day period, the average time for their conclusion.

“.br” is one of the country domains with the highest number of registrations in the world, occupying the 5th position with more than 4.4 million domain names registered. Thousands of new domains are registered every day, and, as a result, many conflicts arise involving business names, trademarks, or artistic names. SACI-Adm proposes to solve conflicts in an administrative and agile way, without the need for judicial intervention.

NIC.br has three renowned accredited institutions, which are responsible for administering SACI-Adm procedures. They are the Brazilian Intellectual Property Association (ABPI), the Brazil-Canada Chamber of Commerce (CCBC), and the World Intellectual Property Organization (WIPO), which have accredited specialists with experience in the subject. Anyone who feels wronged when requesting the opening of a SACI-Adm procedure with one of these institutions must prove that the domain name was registered or is being used in bad faith and that this domain name is identical or very similar to some name to which you believe you are entitled.

Moeller IP Brazil has been working in this area with great success in favor of defending the rights of its clients, we highlight the successful case obtained before the Center for Dispute Resolution, Mediation and Arbitration in Intellectual Property (CSD-PI) of the ABPI, involving the registration by a third party, as a domain name, of the trademark “SENNHEISER” registered by our client Sennheiser GmbH & Co. KG, where after the arbitration, the domain name www.sennheiser.com.br was transferred to the holder of the trademark registration.

Share

Leave a Reply

Your email address will not be published. Required fields are marked *