- Registering and managing '.tr' domain names was previously carried out by Nic TR, but will now be performed by the ITCA
- The long-awaited TRABIS system, which replaces the Nic TR system, is expected to become effective in the near future
- In contrast to the old system, the new system allows domain name sales transactions
Since 1998 and until recently, Nic TR, under the Middle East Technical University, had been responsible for the registration and management of '.tr' domains names in Turkey. However, in accordance with Article 35 of the Electronic Communication Law (5809) published in the Official Gazette on 10 November 2008, the Information Technology and Communication Authority (ITCA) has now been assigned to register and manage '.tr' domain names, and it was laid down in the Internet Domain Names Regulation that transactions related to '.tr' domain names would be carried out by the ITCA's '.tr' Network Information System (TRABIS). Nic TR stated that, as of 23 March 2020, it will no longer handle the renewal and application process related to '.tr' domain names (with the exception of 'gov.tr', 'edu.tr', 'av.tr', 'bel.tr', 'dr.tr', 'tsk.tr', 'k12.tr', 'pol.tr' and 'kep.tr'). On 17 October 2020 several amendments were made to the regulation, including changes to information about the registrar operators and registrars and the scope of the Law on Personal Data Protection. The long-awaited TRABIS system, which replaces the Nic TR system, is expected to become effective in the near future after the recent amendment to the regulation.
The TRABIS system enables the operating of the '.tr' domain name system and its central database. It creates, updates and provides a registry, carries out the real-time domain name application processes and performs all these activities in a safe manner that provides business continuity. Currently, companies called 'registrar operators' are authorised to provide domain name services under the '.tr' extension. These companies serve as Nic TR-approved registrars. According to the latest amendment to the regulation, after TRABIS enters into force, 'registrars' will perform renewals, server changes, information updates and transactions. In the event that a registration operator applies to become a registrar, it will be issued with a temporary registration agency activity certificate, which will be valid for up to six months after TRABİS becomes operational, and it must obtain a certificate of activity within six months after TRABİS is established. Further, the extensions 'com.tr', 'org.tr', 'net.tr', 'gen.tr', 'biz.tr', 'tv.tr', 'web.tr', 'info.tr', 'bbs.tr', 'tel.tr' and 'name.tr' will be allocated without any document requirement. However, the extensions 'gov.tr', 'edu.tr', 'bel.tr', 'k12.tr', 'av.tr', 'dr.tr', 'pol.tr', 'tsk.tr' and 'kep.tr' will continue to be allocated with a document. In contrast to the old system, the new system allows domain name sales transactions. Domain name sales will be possible three years after the TRABIS system becomes effective. In addition, domain name transfer transactions will be carried out through the registrar operator or registrar after the TRABIS system becomes effective. Another important change in the new system is the dispute resolution system. Once the TRABIS system is in force, it will be common to use dispute resolution service providers, which resolve disputes through arbitration. Information about the new dispute resolution mechanism has not yet been finalised, and when this system enters into force, ITCA and Nic TR will provide the necessary information. Until declared otherwise, Nic TR will continue to receive opposition applications.
The TRABIS system is expected to bring many changes. For example, disputes may increase due to the fact that the domain names allocated as documented in the old system will start to be allocated without documents. On the other hand, the adoption of arbitration within the framework of the new dispute resolution system will contribute to quick and effective dispute settlement. Therefore, it is important that brand owners be aware of the changes in the new system and take appropriate steps.
Originally published by World Trademark Review.
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