.com.au domain name eligibility criteria

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Regulatory framework

In Australia, the organisation that administers the domain name regime is .au Domain Administration Ltd (auDA). The Commonwealth Government holds reserve powers to regulate domain names under the Telecommunications Act 1997 (Cth). The auDA also accredits and regulates Australian domain name registrars.

 

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No property in a domain name

 

There are no proprietary rights in a domain name. In Australia, a registrant holds a license to use the domain name for a minimum of two years and is subject to the terms of the license agreement. Renewal of the domain name is subject to the Registrant satisfying the eligibility criteria.

 

First come first served and the hierarchy of rights

 

Domain names are allocated according to a first come first served basis, provided that the party wishing to register the domain name (the Registrant) meets the eligibility criteria. It is an urban myth that a trademark trumps a business name, or that a registered company name trumps a business name. auDA policy clearly states that its first in first served.

 

Unlike reserving a company name, it is not possible to 'reserve' a domain name.

 

Eligibility criteria for organisations wishing to register .com.au domain names

 

auDA publishes domain name eligibility and allocation rules for 2LD's. Generally, cogate provisions apply to eligibility criteria for .com.au, .edu.au, .net.au, asn.au, .id.au, and .org.au.

 

It is possible for a Registrant to register multiple 2LD domain names as long as they satisfy the eligibility criteria in each instance.

 

Registrant characteristics

 

The following criteria apply to Registrants of 2LD's - the Registrant must be:

	trading under a business name registered in any State or Territory of Australia;
	an Australian partnership;
	the owner or applicant for an Australian Registered Trademark;
	an incorporated Association in any Australian State or Territory;
	an Australian Statutory Authority;
	a foreign company licensed to trade in Australia; or
	an Australian Registered Company.

 

Characteristics of the domain name requested by the Registrant

 

Domain names must be:

	an exact match, abbreviation or acronym of the Registrant's name or trademark; or
	closely and substantially connected to the Registrant.

 

Things to avoid

 

Don’t make any false warranty’s when applying to register a domain name. auDA has the right to revoke the domain name license. Additionally a Registrant must not register a domain name for the sole purpose of resale.

 

Domain name disputes

 

If you believe that you have a dispute in relation to a domain name, contact one of Rostron Carlyle's IT & Software Development Lawyers mentioned above.

 

 

Malcolm Burrows

Associate

 

"The information contained in this article is general in nature and cannot be regarded as anything more than general comment. Readers of this article should not act on the basis of this comment without consulting one of Rostron Carlyle's legal practitioners who will consider their particular circumstances".

 

Expertise

 

Rostron Carlyle's lawyers have a wide range of experience assisting with all aspects of domain names and domain name disputes.

 

Not only will you find that Rostron Carlyle is likely to have assisted someone in your exact situation, but you’ll find that a Rostron Carlyle lawyer can distill a complex legal issue into a set of actionable options for you to consider.

 

A Rostron Carlyle lawyer will be a person that you can relate to.  We'’ll talk your language. Most

importantly, a relationship with a Rostron Carlyle lawyer will be "a relationship you can rely on".

 

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