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- Brexit and .fr
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- About the attack on French ISPs’ DNS resolvers
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- Eligibility of a holder located in the United Kingdom post Brexit
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- Identity theft by domain name: what Afnic does
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- [Video] Review of the French Internet Governance Forum 2018
- Custom Internet extensions: the opportunities for brands
- How to avoid inadmissibility in the SYRELI procedure
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- The 11 vital locations to display your domain name!
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- Domain name litigation: the recognition of an AOC rights in the SYRELI procedure
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- Afnic, a community first and foremost!
- The defense of personality rights in the SYRELI procedure
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- A million good reasons for coming to the Afnic Forum...
- Yeti DNS-over-TLS public resolver
- 2016, the beginning of a new cycle for Afnic
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- My experience inside the Afnic Legal Department
- Future of ICANN Privatization? Internationalization? Supervision?
- Excellence at Afnic - Our coming-out
- Speech at the transmittal of the IANA Stewardship Transition Plan
- Exclusive offer: 100% money back on your domain name*!
- 8 tips for choosing the right domain name
- IPv6 and DNSSEC are respectively 20 and 19 years old. Same fight and challenges?
- L.45-2 paragraph 1 of the CPCE: When a domain name disrupts the French law
- How to avoid getting your domain name stolen by email?
- Accountability and IANA transition: behind the scenes
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- abc.xyz : erratum.xyz
- A comprehensive approach to French regional branding
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- abc.xyz : The controversial success of .xyz
- Corporate Communications, Constant Crisis
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- IANA transition crosses a major milestone in Buenos Aires
- A day in the life of the Icann empowered community
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- ICANN Singapore. A debate at the other end of the world
- ICANN Reform, or opening Pandora's box
- Internet Governance Forum: What is to be done?
- Slam spam!
- Icann : freeze !
- Scams and identity theft, the experience of a SYRELI reporter
- French Regional Reform Does Not Mean the End of GeoTLDs
- Lessons Learnt from NETmundial
- Suggestions for a successful IANA transition
- Wind of change at Afnic!
- Back to the future of the Afnic Legal Service
- The US Backs ICANN for Internet Governance
- Should the registrars streamline their gTLD strategy?
- The IANA elephant in the room
- 2014 : change of course for the naming system
- Why do regions want a place online?
- What can Afnic do?
- Internet governance: let’s get to work!
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FAQ
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Glossary
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Certificates
Eligibility of a holder located in the United Kingdom post Brexit
14 April 2020 - By Floriane Duel
Since the United Kingdom announced that it wished to leave the European Union, many people have asked us about Afnic’s position on the eligibility of registering a .fr domain name for persons located in the United Kingdom.
Until midnight on 31 January 2020, the effective date of the United Kingdom’s withdrawal from the European Union, Afnic’s position was as follows: wait for the precise provisions of Brexit and apply the principle of non-retroactivity of laws.
The SYRELI College had occasion to position itself quickly on this question since on 27 December 2019 an applicant domiciled in the United Kingdom requested the transfer of the domain names and via the SYRELI procedure.
As a reminder, according to the provisions of Article L.45-6 of the French Post and Electronic Communications Code (hereinafter referred to by its French abbreviation ‘CPCE’), “Any person with an interest in acting may request the competent registry to cancel a domain name or transfer it to him providing the domain name falls within the cases provided in Article L. 45-2”.
In this case, in decisions FR-2019-01940 vinted-important.fr and FR-2020-01943 wwwvinted.fr, the applicant argued that the registration of the domain names was likely to breach its intellectual property rights and more specifically its ‘VINTED’ brands and that the holder had not shown any legitimate interest and was acting in bad faith (see grounds provided in Article L.45-2 2 of the CPCE).
In this context, the College, meeting on 6 February 2020, first of all considered that the applicant did indeed have an interest in acting with regard to its ‘VINTED’ brands which pre-dated and were similar to the disputed domain names, and then turned to consider the applicant’s eligibility since the latter wished to obtain the transfer of the domain names in its favour.
As a reminder, Article L. 45-3 of the CPCE provides: “The following may request the registration of a domain name, in each of the top-level domains:
- Natural persons residing in the territory of the European Union;
- Legal persons having their registered office or main establishment in the territory of one of the European Union Member States”.
The question arising was therefore whether the applicant, a legal person domiciled in the territory of the United Kingdom and therefore outside the European Union since 31 January 2020, could request the transfer of the disputed domain names.
In both decisions, the question was settled by the SYRELI College in the following manner: “On 29 January 2020, the European Parliament ratified the withdrawal agreement of the United Kingdom from the European Union for a withdrawal effective at midnight on 31 January 2020. However European Union law will cease to apply to the United Kingdom only at the end of a transitional period provided until 31 December 2020. Given the current state of affairs as regards communications made on Brexit, the SYRELI College considers that the Applicant is fully eligible for Article L.45-3 of the CPCE […] Therefore the College has ruled that the request for transfer was admissible […]”.
The question of what happens after the ‘transition’ remains unresolved. What will happen as of 1 January 2021? Our reply to this question continues in the same vein as previously: it will depend on the legal and regulatory provisions in force at that date. In any case, the principle of non-retroactivity of laws will continue to apply to all domain names already registered with .fr.
Floriane Duel
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