Copyright by NASK Q2 2017 · NASK’S Report for the second quarter of 2017 Introduction New domain...

Q2 2017.PL DOMAIN NAME MARKETNASK’S REPORT FOR THE SECOND QUARTER OF 2017

Text :Alina Wiśniewska-Skura,

Anna Gniadek

Compilation of data gathered from the .pl domain

name registry system:Izabela Domagała

English translation:Piotr Studziński-Raczyński

Copyright by NASK

Table of contents

NASK’S Report for the second quarter of 2017

Introduction

New domain names in .pl registry

Registrants of .pl domain names

Registrars of .pl domain names

Q2 2017 in .pl registry – facts and figures

.pl domain names active in DNS

Additional services of .pl registry

Insight into .pl registry

4 8915

18125

3

3

Dear readers,

Behind us is the second quarter of 2017 the overview of which together with detailed data on domain name market in Poland you will find in this report.

At the end of June 2017 the number of names, active in the .pl registry, amounted to 2.64 million. Thus, it could not do without a slight fall as compared to the previous quarter. Worthy of note is the fact that the number of registrants increased by over 3.6 thousand, amounting, in the second quarter, to 1.03 million.

Since the moment of launching DNSSEC in the .pl registry the number of names, secured with that protocol, has been systematically increasing to reach 36 186 at the end of June. As compared to the previous quarter, the number of secured names increased by almost 7%. An upward trend may be observed and it denotes that registrants pay more and more attention to the security of their domain names and use available solutions to protect them.

Alongside the issuing of the report on Q2 2017, I would also like to mention that NASK was one of initiators of found-ing the Court of Arbitration for the Internet Domain Names at the Polish Chamber of Information Technology and Tel-ecommunication. The Court has already examined more than one thousand cases of disputes on .pl domain names. More interesting details on this subject may be found in the interview with Mr. Ireneusz Matusiak, President of the Court of Arbitration for the Internet Domain Names. The interview Who wins disputes on domain names? provides information on what the Court of Arbitration is, what its functions are, what the arbitration is, how a legal proceeding is conducted and what the court fees are. The interview is continuation of a cycle “Insight into .pl registry”, presenting individuals whose work, and frequently a professional passion, is related to the country code .pl registry.

I wish you pleasant reading of the report on Q2 2017.

Wojciech KamienieckiNASK Director


nearly 2.64 million active .pl domain names

over 205 thousand new names

more than 1000 cases heard before the arbitration court for domain names

212 Partners of .pl registry

36 186 names secured with DNSSEC

3 182 new agreements on options

31 772 transfers

39 250 IDNs

2 254names registered daily average

effectiveness of options

44.83%

596 agreements on options renewed for consecutive 3 years

66.56% of registrants were entrepreneurs, whereas

33.44% natural persons

2.56 names fell for one registrant

over

1.03 million registrants

nearly

391 thousandrenewed names


.pl domain names active in DNSDomains in .pl registry

Number of .pl domain names in DNSCopyright by NASK

Number of domain names active in DNS as divided into the year of registration, Q2 2017Copyright by NASK

2 500 0002 000 0001 500 0001 000 000

500 0000

2 636 367

1994

2 130

418

2 05

8

5 22

8

8 33

3

17 3

18

18 6

56

17 0

44

22 2

43

30 5

59

44 2

12

55 8

74

65 3

95

85 2

37

99 6

06

117

349

130

004

147

461

171

295

204

993

271

527

662

773

458

652

1995

1996

1997

1998

1999

2000

2000

2000

2001

2001

2002

2002

2003

2003

2004

2004

2005

2005

2006

2006

2007

2007

2008

2008

2009

2009

2010

2010

2011

20

11

2012

20

12

2013

20

13

2014

20

14

2015

20

15

2016

20

16

2017

Q

2 20

17

In the .pl registry, at the end of the first half of the year, there were 2 636 367 domain names active in DNS. During the second quarter of 2017 the number of do-mains decreased by 41 325.

In the end of June 2017 75.57% of maintained names were registered directly in the .pl domain (second level domain names), 19.82% in functional domains (e.g.: .com.pl, .net.pl) and only 4.61% in regional do-mains (e.g. .waw.pl, .szczecin.pl).

Out of all .pl domain names, active in DNS, 17.40% were registered in 2017, 25.14% in 2016, 35.10% of names were registered between 2011 and 2015, 16.05% be-tween 2006 and 2010, while remaining 6.31% of names were entered in the registry in years 1994-2005.

Number of domain names active in DNS as divided into the type of zone, Q2 2017Copyright by NASK

19.82%functional

4.61%regional 75.57%

second level domain names

5


During the second quarter of 2017 .pl domain reg-istrants 31 772 times changed a registrar servicing their .pl domain names.

In 490 cases the service was transferred with a simul-taneous renewal of a domain name for a consecutive billing period with 429 of them being effected after the previous billing period had been completed.

Number of .pl domain name transfersCopyright by NASK

31 7

72

37 5

82

33 6

91

35 1

29

42 5

1146 6

07

39 6

88

39 6

60

38 1

02

44 0

20

36 7

31

44 5

30

42 4

49

42 5

44

2017201620152014Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q2Q1

Division of transfers, Q2 2017Copyright by NASK

97.11%active domain 1.35%

domain names in BLOCKED state

1.54%active renewed domain names

Transfers

6.pl domain names active in DNS


The renewal rate, at the end of June 2017, amounted to 61.68%. In the second quarter of 2017 nearly 391 thousand names were renewed, with second level do-main names constituting 76.46%, functional domain names 19.07% and regional domain names 4.47%.

81.40% of .pl domain names, renewed between 1 April and 30 June 2017, were registered before 2016, 18.52% in 2016, while remaining 0.08% in 2017.

In case of 1 190 names the last day of a billing period was shifted by an individually defined number of days.

Renewal rate of .pl domain namesCopyright by NASK

63%

62%

61%

60%

59%

2017201620152014Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q2Q1

61.68%

Structure of renewed .pl domain names, Q2 2017Copyright by NASK

19.07%funkcjonalne


second level domain names

Renewal of a domain name for a consecutive billing period

7.pl domain names active in DNS


From the beginning of April to the end of June 2017 205 072 .pl domain names were registered. The highest number of names, 71 933, were registered in April. In May the number of registrations amounted to 67 995. In June, instead, 65 144 new names were registered.

In particular months the amount of daily registra-tions equalled on average 2 398 in April, 2 193 in May and 2 171 in June.

During the discussed quarter 76.14% of registrations were effected directly in the .pl domain (second level domain names), 19.66% in functional domains, where-as remaining 4.20% in regional domains.

Number of .pl domain name registrations Copyright by NASK

205

072

254

013

247

605

255

993

261

843

290

530

268

016

282

071

285

003

284

806

248

744

249

824

245

500

284

480

2017201620152014Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q2Q1

Number of .pl domain name registrations, daily average, Q2 2017Copyright by NASK

.pl domain name registrations as divided into a type of zone, Q2 2017Copyright by NASK

19.66%functionalApril 2017 May 2017 June 2017


second level domains

2 398 2 193 2 171

A daily average number of registered .pl domain names amounted to

2 25430

New domain names in .pl registry 8


In the .pl registry, at the end of June 2017, there were 1 030 123 unique entries of .pl domain name regis-trants. Their number increased by 3 616 as compared to the first quarter of 2017.

On average 2.56 .pl domain names fell for one registrant.

Entrepreneurs constituted 66.56% and natural per-sons 33.44% of all registrants.

Division of Registrants of .pl domain names, Q2 2017Copyright by NASK

Division of .pl domain names, active in DNS, for Registrants, Q2 2017Copyright by NASK

33.44%private persons


66.56%entrepreneurs

61.31%entrepreneurs

Division of .pl domain name registrations for the type of registrant, Q2 2017Copyright by NASK


69.08%entrepreneurs

Registrants of .pl domain namesRegistrants in the .pl registry Registrants

vs .pl domain names

9

Out of 2 636 367 names, active in DNS, 69.08% were being maintained for entrepreneurs and organiza-tions, while remaining 30.92% for natural persons.

61.31% of new registrations were executed for entre-preneurs and organizations and 38.69% for natural persons.


At the end of the second quarter of 2017 from amongst all the domain names, active in DNS, 91.14% were maintained for the registrants domiciled in Po-land and only 5.86% of names for registrants from abroad: Germany (1.43%), Great Britain (0.65%) and United States (0.58%).

Out of all newly registered domain names, registered in 2017, 90.01% were registered for registrants from Poland, while remaining 9.99% for foreign regis-trants, mainly domiciled in Cyprus (4.75%), in Germa-ny (1.19%) and Great Britain (0.78%).

Division of .pl domain name registrations for a registrant’s country, Q2 2017Copyright by NASK

Division of .pl domain names active in DNS for registrant’s country, Q2 2017 Copyright by NASK

90.01%Poland

94.15%Poland

9.99%other

5.85%other

Registrants of .pl domain namesPlace of residence of .pl domain name registrants

10

1.54%

rem

aini

ng c

ount

ries

0.11

%Sw

itzer

land

0.17

%Sw

eden

0.23

%Cy

prus

0.27

%C

zech

Rep

ublic

0.28

%Fr

ance

2.12

%re

mai

ning

cou

ntrie

s

0.28

%N

ethe

rland

s

0.48

%U

nite

d St

ates

0.31

%Se

yche

lles

0.67

%M

alta

0.58

%U

nite

d St

ates

0.78

%G

reat

Brit

ain

0.65

%G

reat

Brit

ain

1.19%

Ger

man

y

1.43%

Ger

man

y

4.75

%Cy

prus


April May June

10 128 9 378 9 999

Number of changes of .pl domain name registrants, Q2 2017Copyright by NASK

In the second quarter of 2017 there were

29 505 changes of .pl domain names registrants

Registrants of .pl domain namesAssignments

11

65.32%

15.45%5.75% 3.82% 2.79% 1.86% 1.00% 0.73% 0.51% 2.77%

1 2 3 4 5 6 7 8 9 10 and more

Division of registrants by account of the number of maintained .pl domain names, Q2 2017Copyright by NASK

At the end of June 2017 the .pl registry was maintain-ing one domain name for 65.32% of registrants, two domain names for 15.45% and three domain names for 5.75%, while 10 and more .pl domain names were held by 2.37% of registrants.


At the end of the second quarter of 2017 the .pl reg-istry contained 39 250 IDNs (names with national diacritic signs). IDNs constituted 1.49% of all active .pl domain names. The number decreased by 766 names as compared to the previous quarter of 2017.

From the beginning of April to the end of June 2017 3 096 IDNs were registered, which constituted 1.51% of all .pl domain names registered during that period. In comparison to the previous quarter that number decreased by 1 704 names.

Number of .pl IDNs active in DNSCopyright by NASK

Number of .pl IDNs registrationsCopyright by NASK

70 00060 00050 00040 00030 000 20 00010 000

0

2003

2004

2005

2006

2007

2008

2009

2010

2011

2012

2013

2014

2015

2016

Q2

2017

3 09

64 80

0

4 24

4

3 94

4

1 126

4 96

0

5 39

77 24

8

5 47

1

5 17

9

4 97

0

4 71

4

5 30

3

9 13

2

2017201620152014Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q2Q1

Additional services of .pl registry IDNs

12


39 250

At the end of the first half of 2017 there were 36 186 names secured with DNSSEC protocol. Within the pe-riod from 1 April to 30 June the number of secured .pl domain names increased by 2 132.

In the second quarter of 2017 only 1.04% of newly registered names were signed with DNSSEC protocol.

86.87% of secured names were registered directly in the .pl domain, 9.98% in the functional domains and 3.15% in the regional domains.

Daily average

23 secured domain names, were added to the .pl registry

Number of the .pl domain names secured with DNSSECCopyright by NASK 36 18635 000

30 000

25 000

20 000

15 000

10 000

5 000

0

2017201620152013 2014Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q2Q1

Additional services of .pl registry DNSSEC

13


During the second quarter of 2017 3 182 agreements on options for registration of .pl domain names were concluded, whereas 596 existing agreements were renewed for consecutive three years.

1 182 active agreements on options ended with pro-viding a domain name for registration, whereas in 85 cases the registration procedure was not completed due to reasons attributable to an option holder, which resulted in the domain names being released to the group of names available for registration.

Since launching the service of option for registra-tion of a domain name in 2004, the .pl registry has concluded more than 201 thousand agreements, with 44.83% thereof providing .pl domain names for registration.

596 existing agreements were renewed for consecutive three years

4623

3182

2295

2230

2346

2801

2267

1989

2173

2757

3795

5547

5706

8644

Q2

Q1

Q4

Q3

Q2

Q1

Q4

Q3

Q2

Q1

Q4

Q3

Q2

Q1

2017

2016

2015

2014

Number of WLS registrationsCopyright by NASK

Additional services of .pl registry Options

14


The .pl registry, at the end of the second quarter of 2017, was cooperating with 212 registrars from 24 countries.

55 registrars, seated in other European countries, were servicing 14.06% of .pl domain names, while 25 registrars, domiciled beyond Europe, were servicing 10.09% of .pl domain names.

Division of .pl domain names for Partner’s registered office, Q2 2017Copyright by NASK

Division of Partners for their place of residence, Q2 2017 Copyright by NASK

14.06% Europe

25.94% Europe

10.09% other countries

11.80% other countries

75.85% Poland

62.26% Poland

132 registrars had their registered offices in Poland and were servicing

in total 75.85% of .pl domain names

Registrars of .pl domain names.pl Registry Partner Programme

15


At the end of the first half of 2017, the leader of the market of serviced domain names and registrants was Nazwa.pl Sp. z o.o., attaining the results of 21.78% and 23.25% respectively. This registrar, as-sisting in registration of 31.77% of names, was also most frequently chosen by registrants registering new .pl domain names.

From the beginning of April to the end of June 2017 options were most frequently set through Michau Enterprises Ltd., assisting in conclusion of 45.44% of agreements on options. The highest share in the service of domain names, secured with DNSSEC protocol, was recorded by OVH SAS. During the period under discussion that registrar was servicing the majority of secured names, as much as 94.13%.

Partner’s market share in the service of .pl domain names, Q2 2017Copyright by NASK

Partner’s market share in registration of new .pl domain names, Q2 2017Copyright by NASK

Registrars of .pl domain namesDivision of .pl domain name market

16


2.35% Dinfo Systemy Internetowe

1.29% PERSKIMEDIA Szymon Perski

1.36%Domeny.pl Sp. z o.o.


13.56% remaining

16.90% remaining

21.78% Nazwa.pl Sp. z o.o.

31.77%Nazwa.pl Sp. z o.o.

2.76% Agnat Sp. z o.o.


2.96% Premium.pl Sp. z o.o.


4.52% AZ.pl Sp. z o.o.


9.34%Michau Enterprises Ltd.

7.32%Consulting Service Sp. z o.o.

9.97% OVH SAS

8.63% OVH SAS

20.94% Home.pl S.A.

15.81% Home.pl S.A.

10.46% Consulting Service Sp. z o.o.

9.08% Michau Enterprises Ltd.

Partner’s market share in the service of registrants of .pl domain names, Q2 2017Copyright by NASK

Partner’s share in the WLS market, Q2 2017Copyright by NASK

17

Partner’s market share in the service of .pl domain names secured with DNSSEC, Q2 2017Copyright by NASK


Registrars of .pl domain namesDivision of .pl domain name market

29.29% remaining


45.44%Michau Enterprises Ltd.

3.11% First Dropcatchers, LLC

3.43% Ninth Dropcatchers, LLC


1.08%Key-Systems GmbH

2.50%Domeneshop AS

0.93% Hosting Concepts B.V.

0.30% Domeny.pl Sp. z o.o.

1.06% remaining

94.13%OVH SAS

2.02% Michau Enterprises Ltd.

3.50% Dinfo Systemy Internetowe


15.95%remaining

23.25% Nazwa.pl Sp. z o.o.


1.17% Wirtuale.pl SA


10.97% OVH SAS

20.07% Home.pl S.A.

12.72% Consulting Service Sp. z o.o.

It is a long-standing practice that European regis-tries do not investigate rights to domain names and their application, instead, infringements of such rights are investigated by courts. Disputes on domain names are a part of our reality, what is the best meth-od to solve them? In Poland we may turn not only to a common court but also to a court of arbitration?

Courts of arbitration are part of the arbitration judi-cial system, competitive with the system of common courts which, in opinion of many entrepreneurs, are burdened with onerous procedures requiring the as-sistance of professional representatives. It is an ex-pensive and long proceeding, and it is precisely time and money that play a significant role in business. The duty of the courts of arbitration is not only to resolve conflicts but also find a solution that is acceptable for the parties of a dispute. The parties should be convinced that their case has been heard comprehen-sively and competently. Therefore, courts of arbitra-tion frequently appeal in their justifications of verdicts to settled rules of conducting business activity, good faith and fair competition. In principle, proceeding of courts of arbitration should be less complicated and fast.

What is a task of the Court of Arbitration presided by you? How long has it been operating and what cases does it hear?

Our court (Court of Arbitration for the Internet Do-main Names at the Polish Chamber of Information Technology and Telecommunication in Warsaw) was established in 2003 as a result of the agreement con-cluded between NASK the Polish Chamber of Infor-mation Technology and Telecommunication. In this way institutional co-founders of the court responded to the needs of the broadly defined IT sector. Both the entrepreneurs and natural persons, not conducting business activity, expected that disputes on domains will be resolved quickly by professional arbitrators and entitled entities will be able to fully enjoy a business solution which is a .pl domain name. Therefore, our court resolves disputes on the infringement of rights arising out of the conclusion of agreement on main-tenance of a .pl domain name. How does it impact an entrepreneur or a natural person not conducting business activity? Anyone, who considers that other entity, using a .pl domain name, has infringed their rights, among others, intellectual property rights (e.g. trademark protection rights) and civil rights (e.g. personal interest, company name), may obtain a de-cision of the Court of Arbitration confirming the in-fringement of those rights.

The Court is an institution independent of other mar-ket participants while the basis for dispute resolution is competence and independency of arbitrators?

Insight into .pl registryWho wins disputes on domain names?

18


Interview with Ireneusz Matusiak, Ph.D., President of the Court of Arbitration for the Internet Domain Names at the Polish Chamber of Information Technology and Telecommunication since 2003, Doctor of Laws, legal counsel and the author of many publications including the IT sector.

The Court of Arbitration for the Internet Domain Names at the Polish Chamber of Information Tech-nology and Telecommunication is independent in a sense that no other entity, including the Polish Chamber of Information Technology and Telecommu-nication (PIIT) and NASK cannot influence the deci-sion delivered by the Court. In a situation where an-yone would try to influence directly or indirectly (e.g. exposure of the proceeding in media) the impartiali-ty and independency of the Arbitrator – Court Reg-ulations provide for particular procedures allowing to determine whether the Arbitrator, hearing the case, is subject to be excluded from conducting the pro-ceeding. Confidence in an Arbitrator is one of most important principles in proceedings before our Court. After all, it is parties of a dispute that choose on their own and amicably the Arbitrator to hear the case1.

Who are the arbitrators? How can I get acquaint-ed with arbitrators’ profiles so as I can decide who I should choose?

The opinion on courts of arbitration depends to a great extent on arbitrators/mediators conducting the pro-ceeding. I can proudly admit that the arbitrators and mediators of our Court of Arbitration are individuals combining theoretical knowledge as well as business experience. Those are not only persons with academ-ic degrees but also legal practitioners who on daily ba-sis help different entities running their business. They

know the subject matter, therefore are able to suggest solutions of conflicts and are very well oriented in the reality of domain names’ application in the Internet. A complete list of Arbitrators and Mediators with a short description is available at https://www.piit.org.pl/sad-polubowny/arbitraz/lista-arbitrazow

What are the fees of bringing a case before the court? Does a value of a domain name influence the fee?

Costs of adversarial proceedings include: a) process-ing fee for a pre-trial motion in the amount of PLN 200, b) court fee for filing a claim amounting to PLN 3000. In case of hearing a case by 3 arbitrators the court fee is PLN 6000. Mediation proceeding fees include: a) initial fee for instituting mediation proceeding in the amount of PLN 500, b) a final fee for conducting a mediation proceeding – PLN 1000. In accordance with binding provisions all fees are enlarged by VAT. In comparison to potential costs of proceeding before a common court, the costs of adversarial proceeding are not very high. Fees are equal in each case and any valuation of a domain name does not affect the cost.

How a domain name should be treated? Does a regis-trant of a domain name has a property and exclusiv-ity right to use a domain name? May a domain name be used and disposed of in an unlimited way? How to demonstrate before a court the infringement of my rights by registrant’s actions?

A .pl domain name is not a thing, therefore a proper-ty right does not apply in the meaning of regulations pertaining to e.g. houses or cars. We may only refer to a group of entitlements and obligations resulting out of the agreement on .pl domain name mainte-nance concluded in respect to services provided by the Registry and a Registrar. An entity, seeking pro-tection before the Court of Arbitration, specifies the rights which, in their opinion, were infringed by a reg-istrant and provides explanations on the method of infringement. Thus, a filed claim should specify the opposing party, a domain name in dispute, infringed rights, explanation of the method of infringement and a demand to release by a court a decision stating the infringement of rights. As evidence in the case there may be admitted e.g. documents confirming the ob-taining of a protection right to a trademark applied in a domain name, documents confirming the action violating the rules of fair competition, whereas the Regulations of the Court of Arbitration does not con-strain the inventions of the Parties as to the evidence. In order to demonstrate your rights you may also file requests to admit evidence of examining the parties to the proceedings or witnesses.

Is it difficult to win a case? Are big corporations fa-voured, or natural persons and small business also have managed to win a case?

I cannot give one explicit answer whether it is diffi-

1 If the parties have not chosen amicably an Arbitrator, he/she will be selected by the President of the Court of Arbitration from a shortened list approved by those parties.

19



https://www.piit.org.pl/sad-polubowny/arbitraz/lista-arbitrazow

https://www.piit.org.pl/sad-polubowny/arbitraz/lista-arbitrazow

cult to win a case before our Court of Arbitration since cases are different – distinct and sometimes very complex factual and legal circumstances. Each case requires an individual approach. As we may observe, certain jurisprudence, pertaining e.g. to trade marks, has been already adopted. In majority of cases Arbi-trators have not any infringement of a protection law of a trade mark in a situation when a domain name with a website is not active. If we deemed big compa-nies predominant, then the principle of equality would be illusory. In the case heard before our Court of Ar-bitration it occurs frequently that big companies take legal actions against small business entities and even natural persons not conducting any economic activi-ty. It is frequently so that those small entities, which does not employ a staff of lawyers and with definitely worse market position, win a lawsuit. A case in point may be, among others, a dispute, presented in media, on the charge of infringement of commercial property rights, between one of the biggest entities in IT sec-tor and a natural person. In other proceedings – also between a big business entity and a natural person – in a decision dismissing the action, a citizen’s right to free speech has been referred to in accordance with the provisions of the Constitution of the Republic of Poland. Those circumstances cause that our Court of Arbitration has received a great deal of concrete attention. We have already heard more than 1000 cases despite a relatively narrow range of cognition of our Court.

In case a request for arbitration has not been filed, NASK terminates the agreement, however this rule does not apply to consumers. Is it true that a failure to sign the arbitration clause by a consumer may re-sult in filing a lawsuit to a common court and more acute consequences of losing a lawsuit?

Certainly. Lack of arbitration clause in practice leads to referring the case to the common court. Worthy of note is the fact that the knowledge on .pl domain names has not been spread amongst judges exam-ining disputes and it occurs that common courts of different cities sometimes differently evaluate fac-tual circumstances of the dispute. What is more, the proceeding conducted before our Court of Arbitration should be completed within one month. The parties to the proceeding may provide evidence on-line, direct examination of the parties or a witness is not required. In case of long-term proceedings before a common court (in the first and second instance) higher costs of legal representation are borne. State of uncertainty as to the domain name in dispute lasts too long.

A result of losing a lawsuit by a Registrant in the Court of Arbitration is only losing a domain name and there are no damages, destruction of goods, publication of expensive adverts, etc.?

Court of Arbitration for the Internet Domain Names at PIIT, when taking into account the statements

of claim, declares only that the rights of the claimant have been infringed and specifies those rights. The Court of Arbitration is not entitled to decide as to the matter of possible damages or to apply other meas-ures, e.g. publication of a decision or an order to issue the apology in writing. The Court of Arbitration cannot also order to cease using a trademark applied in a do-main name in dispute or a domain name itself. There-fore, a party, which has agreed to join the dispute, may estimate the consequences of a verdict pronounced in favour of that party or not.

Can it then be assumed that a case in the Court of Arbitration is the quickest method, e.g. to reclaim a domain name, and at the same time, it does not gen-erate neither significant risk nor costs for both of the parties of the dispute?

Taking into account all aspects of proceeding before our Court of Arbitration, this statement seems to be justified. It should be emphasised that not only court fees, borne by a losing party in the end, are taken into account but also the time of hearing a case, a sim-plified procedure, hearing a case online without par-ties participating in person in the court proceedings. It should also be outlined that in the proceedings be-fore our Court of Arbitration (contrary to the proceed-ing before common courts) the function of a legal rep-resentative is not dedicated only for legal counsels, attorneys-at law or patent attorneys.

20



How may it then be explained that arbitral jurisdiction in Poland is still in a “start-up” phase? It’s been a long time since appropriate provisions of law have been implemented.

Society may not be informed enough in the matter of arbitral proceedings. Our society is rather conserv-ative and while filing a case to the common court it expects that it is the court that will find a solution for matters that may arise in the case. Proceedings be-fore courts of arbitration require greater engagement of the parties because a method of settling a dispute amicably should be sought in the first place and that, in turn, requires a more active approach e.g. to pres-ent a request for a settlement, limit own demands and listen intently to arguments of the opposing party.

Is the Court of Arbitration involved only in settling dis-putes or it conducts also other activities, e.g. didactic?

Deciding on disputes does not exhaust the compe-tences of our Court. It is worthwhile to mention about settling a dispute even before filing a lawsuit. Entities, willing to settle a dispute in its early phase through amicable agreement, may join mediations voluntarily. I would like to put emphasis on the role of the Court of Arbitration in the legal education of information society of the 21st century. Therefore, we publish se-lected verdicts at our website and promote public appearances of both the Arbitrators and the Presi-

dent of the Court of Arbitration at different confer-ences and seminars. As an example of such an event I will invoke a seminar, open for all entities, interested in the subject matter of Internet domain names, which was held on 17 May 2017 at the University of Silesia in Katowice2, and tackled the issue of registering re-gional domain names. Participants of the seminar, while addressing the needs of different entities, were analysing the issue contained in the question – does the registration of a .pl domain name, containing a name of a city, region or an administrative unit, in-fringe the law or a natural person may register a do-main name, e.g. olsztyn.pl?

The Court of Arbitration is therefore a positive excep-tion with significant experience and profiling as for Polish reality. What is a convenient method to contact you?

I invite you to visit our website https://www.piit.org.pl/sad-polubowny

Anybody interested in the subject matter of .pl domain names will find there not only the regulations of pro-ceeding before the Court of Arbitration but also the information on the costs of that proceeding, list of Ar-bitrators and Mediators, examples of lawsuit forms or pre-trial motions and selected decisions from years 2003-2016. Getting acquainted with those decisions may be helpful while evaluating own factual and le-

gal situation before engaging in a potential dispute. In order to obtain additional information on our Court of Arbitration you may also contact the Court’s Clerk: phone 22 6257323, e-mail: [email protected]

Thank you for conversation.

The interview was conducted by Anna Gniadek and Alina Wiśniewska-Skura

English translation: Piotr Studziński-Raczyński

2 The seminar was organized by Naukowa i Akademicka Sieć Komputerowa, the Council of the Court of Arbitration for the Internet Domain Names at the Polish Chamber of Information Technology and Telecommunication and the Faculty of Law and Administration of the University of Silesia in Katowice.

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