The Register of Prohibited Clauses operated by the Office of Competition and Consumer Protection contains contractual clauses found unlawful by a legally binding judgements. According to the latest judgment of the Polish Court of Competition and Consumer Protection of 26 December 2006, case file XVII AmC 170/05, it won’t be so easy to get cybersquatters who are private persons before any ADR court. This case concerned two clauses of the Domain Names Regulations issued by NASK.

22.
In case a third party initiates a legal action in the Arbitration Court against the Subscriber claiming that the Subscriber has infringed the rights of that person by entering into or performing the Agreement, the Subscriber shall submit to that Arbitration Court a duly signed arbitration clause to the Arbitration Court in due time stated in the summon to sign this arbitration clause.

23.
The non-signing of the arbitration clause specified above shall result in the termination of the Agreement three months after the time stated to sign this arbitration clause, and this time limit shall be shortened to the date of the expiry of the calculating period based on the Price List if this date occurs before the end of the three month-period after the time stated to sign this arbitration clause

After this judgment, the ADR in trade mark cases is unlikely to succeed if the disputed domain name is registered in the name of a natural person.

See also “Polish case law on domain names“.

Categories: contract law | domain names | Internet domains law | Polish Civil Code | Polish Court of Competition and Consumer Protection | Polish courts | Polish law | Polish TLDs.