With the expansion of the Internet, domain names are the current commercial identifiers.
However, before the Internet, there were already commercial identifiers that are protected by intellectual property rights, so it is common for disputes to arise between them.
Ecuadordomain S.A., NIC.ec, in its capacity as administrator of the ccTLD .ec by delegation of the IANA (Internet Assigned Numbers Authority), is legally capable of offering an alternative resolution system for conflicts arising from name disputes of domains, which consists of the following procedure:
Whoever considers themselves harmed may inform NIC.ec, by means of written communication with an electronic signature sent to atencionalcliente@nic.ec, of the conflict and determining the conflicting domain by attaching:
Documentation that proves your ownership of the brand. Ruc, appointment of legal representative, copy of the legal representative's ID in the case of legal entities. RUC and/or ID in case of individuals.
Email, contact cell phone number. Proof of payment of the registration cost of the claimed domain and renewal for two years. NIC.ec will inform the domain owner of the complaint filed against them and will ask them to justify their ownership of the trademark or good faith use of it within 72 hours.
In the event that the domain owner accepts the infringement, an agreement will be signed between the parties by which it is agreed to cancel the domain and the domain owner is released from civil and administrative responsibilities, leaving the domain free and available for that the owner of the trademark registers under his name with the cost initially paid.
If the domain owner refutes the complaint filed against him, NIC.ec will invite the parties to mediate in a Mediation Center, the costs of which will be borne by the person who filed the complaint. This process is voluntary.
If the parties do not reach an agreement or do not submit to mediation, they must follow the procedure established in the Uniform Domain Name Dispute Resolution Policy promulgated by ICANN. While the process is developing, the domain will be suspended, which means that it cannot be transferred by its owner.