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Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002)

Alternative Dispute Resolution Regulations

Chapter II : Alternative Dispute Resolution Rules

3. Dispute resolution service

 

 

1) A registrant must submit to proceedings under the rules if a complainant asserts, in accordance with the procedure, that–
a) the complainant has rights in respect of a name or mark which is identical or similar to the domain name and, in the hands of the registrant the domain name is an abusive registration; or
b) the domain name, in the hands of the registrant, is an offensive registration.

 

2) The complainant is required to prove on a balance of probabilities to the adjudicator that the required elements in sub-regulation (1) are present.