.it Regulations

Requirements & Information

CountryItaly
CodeIT
CurrencyUSD
Available TLDsRequirements
itLC
co.itLC
mi.itLC

Additional Information

You must have a company registered within the EU, You must provide the company registration number

The Regulation set down the rules for registering domain names under the ccTLD "it".

The basic points of reference are:


the ccTLD ".it" Registry assigns the domain names IN USE to the registrants, following the chronological order of the requests;
certain domain names are reserved (Reserved Domain Names);
a domain name cannot be pre-registered;
the registration procedures finishes when the domain name data are uploaded in the database of domain names under the ccTLD "it", which is called the Registry of the Assigned Names (RAN). The uploading procedure takes place when the ccTLD ".it" Registry has received all the requested documentation and has checked its functional character.
Before submitting the request for a domain name under ccTLD "it", it might be useful to know:


domain names can contain only the following characters: from "a" to "z", from "0" to "9, and the symbol "-" (hyphen);
domain names must not begin nor end with the symbol "-" (hyphen);
it is forbidden to register domain names having "xn--" within the first four characters;
the length of a name can be between three (minimum) and 63 (maximum) characters;
there is no difference between small and capital letters.

ccTLD “it” domain names assignment
and maintenance Rules
Version 4.0
The Rules for the assignment and maintenance of domain names within the ccTLD “it” are subject
to amendment on the basis of the decisions made by the Institute for Informatics and Telematics of
the Italian National Research Council (CNR), following evaluations of the Rules Committee. In the
first instance the Rules will therefore remain in effect until 31st December 2004.
Assignment Rules
1. Purpose
The present Rules contain the norms for the assignment of domain names within the ccTLD "it"
(Italy), both for the Internet Protocol Suite (IPS) standard and the Open System Interconnection
(OSI) standard.
“Technical Registration Procedures” (see Encl.A), “Domain name reassignment procedure” (see
Encl.B) and "Reserved Domain Names" (see Encl.C) are an integral part of the present Rules.
The present Rules, the ccTLD “it” Registry operates in compliance with, are defined by the
Registry itself following evaluations of the Rules Committee within the ccTLD “it” Registry. The
Rules Committee was constituted in accordance with the rules set up by the Committee itself as per
the Institute for Informatics and Telematics Director’s provision No.1398 of April 7, 2004.
Declaratory note: the principal concepts and terms used in the present Rules, are described in a
specially created "Tutorial". The tutorial, which is by no way part of the regulations, cannot be used
as a probe document and is available for purely didactic- informative purposes.
2. Tasks of the ccTLD “it” Registry
The Registry manages and maintains the database of domain names under the ccTLD "it", also
called "Registro dei Nomi Assegnati" (Assigned Names Register, ANR). The general Registry
operating procedures are drawn from the ISO 9834-1, RFC1591, ICANN ICP-1 and ICANN ICP-2
specifications, and their subsequent updates.
The Registry shall verify that domain names assignment requests conform to the present Rules.
The Registry provides for the registration and assignment in use of the following objects related to
domain names within the ccTLD "it" (ISO 3166), including the geographic section:
a) domain names according to the ISO/IEC 10021 standard and subsequent updates;
b) domain names according to the IPS RFC822, RFC1034, RFC1035 standards and
subsequent updates;
c) mapping rules between the ISO/IEC 10021 (ITU X.400) and IPS RFC822 standards
according to the IPS MIXER (RFC2156) standard and subsequent updates;
d) "relative distinguished names" according to the ITU X.500 standard and subsequent
updates.
3. Domain names
Domain names are assigned by the Registry to registrants on the basis of the requests chronological
order of arrival, as defined by the Technical Registration Procedures (see Encl.B).
4. Registration
Domain names within the ccTLD "it" can be only assigned to individuals or organisations
belonging to a European Union (EU) Member State.
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5. Tree structure of Italian domain names
Domain names can be assigned directly under the ccTLD "it" or else under the predefined
geographic structure.
The predefined geographic structure is constructed with the names and abbreviations of the Italian
provinces and regions as well as with the names of Italian councils under the relevant province.
The domain names which constitute the predefined geographic structure form a hierarchical
container for other domain names (functionally equivalent to a ccTLD or a gTLD) and as such are
not assignable.
The geographic structure of the tree of Italian domain names is contained in the "Reserved Domain
Names" document (see Enc l.C).
6. Registration Obligation
For all domain names placed directly under the ccTLD "it" or directly under the predefined
geographic structure, registration with the Registry is obligatory.
7. Reserved Names
Some domain names are reserved, and as such are not assignable, or are only assignable to
predetermined registrants.
Domain names constituted by only one or two characters are not assignable:
a) directly under the ccTLD "it" (IPS);
b) as a PRMD (ISO/IEC 10021) field;
c) as an Org (X.500) field;
The list of reserved domain names provided in the document "Reserved Domain Names" (see
Encl.C) is an integral part of the present Rules and is also available on the Registry website.
The domain names listed in the document “Reserved Domain Names” and belonging to the
predefined geographic structure that were registered before they were entered in such list and
defined as reserved names can be used by the assignee for a maximum period of one year thereafter.
Subsequently these domain names will be used in compliance with the ccTLD “it” domain names
assignment and maintenance Rules.
Already registered domain names corresponding to a gTLD remain assigned to the current assignee.
However no SLD, in whichever way activated, can be given to third parties.
8. Pre-reserved domain names and bookings
Domain names cannot be booked.
A domain name assigned within the name space under the ccTLD "it" cannot be considered as prereserved
in other positions of the same name tree.
9. Assignment of a domain name
The assignment procedure conc ludes when the domain name is loaded into the ANR. This is
effected only once the Registry has received the requested documentation in full and the effective
functionality of the name has been verified, i.e.:
· the correct operation of the authoritative nameservers of the domain name and the
accessibility of the "postmaster" address for the domain name in the case of IPS and
ISO/IEC 10021;
· the correct operation and the accessibility of the DSA in the case of ITU X.500.
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10. Transfer and modification of an assigned domain name
A domain name can be transferred upon agreement of the parties, or following a specific or
universal succession, or at the end of a reassignment procedure run in accordance with art.16. It is
anyhow forbidden to forestall and cybersquat domain names.
A suspended or challenged domain name as per art.14 can only be transferred to the individual or
organisation that has submitted it to the dispute procedure. Once the challenged status is over, the
domain name can be transferred to other parties by the assignee.
With the exception of universal or specific succession cases, any modification request of an
assigned domain name, including the position change within the Italian domain name tree, does
imply the cancellation of the previously assigned domain name and a new domain name assignment
request.
11. Annulment of the assignment of a domain name
The Registry may annul the assignation of a domain name only:
a) following renunciation on the part of the assignee; or
b) officially; or
c) following judicial sentence of arbitration decision.
11.1 Annulment as a result of renunciation
Where annulment is a result of renunciation of the domain name on the part of the assignee the
Registry is obliged to ensure the maintenance of the old domain name for a maximum period of six
months, upon request of the assignee.
11.2 Official annulment
The Registry officially annuls the assignment of a domain name in the following
cases:
· shortcoming of the objective and subjective elements which have determined the assignment
of a domain in the ccTLD "it", where expected;
· failure to present the documents requested by the Registry according to article 13.3 below;
· failure to present the documents requested by the Registry according to article 3.2 of the
“Technical Registration Procedures”;
· the non "visibility/accessibility", for more than 3 months, of the objects belonging to the
assigned domain name (or the non functioning of the authoritative name serves given into
the technical registration form deposited into the ANR or their misconfiguration accordingly
to section 1.4 of the “Technical Registration Procedures” or the unreachability of the e-mail
address The verification of the missing
visibility/accessibility shall be technically made by Registry, by default or upon a third party
written request. In this case the domain name cannot be reassigned to other individuals or
organisations for one month from the annulment date.
· violation of the last paragraph in section 7 of the present Rules.
11.3 Annulment in view of judicial sentence or arbitration decision
The Registry annuls the assignment of a domain name in view of a judicial sentence or arbitration
decision which establishes that the assignee did not have rights to its use. A suspended domain
name cannot be reassigned to other individuals or organisations unless and until annulled.
A domain name annulled according to the circumstance described in the previous comma is
immediately made available for assignment to registrants other that the previous assignee, except in
the case of explicit indication to the contrary expressed within the judicial sentence or arbitration
decision.
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12 Suspension of the assignation of a domain name
The Registry can suspend the assignation of a domain name only:
a) on orders from the authorities, or
b) upon request by the assignee; or
c) in the circumstance described in art.12.3
12.1 Suspension on orders from the authorities
The Registry suspends the assignation of a domain name on orders from the judicial authorities
noted to them in legal terms, or cautionary precautions communicated by the arbitration body,
wherewith the use of the domain name on the part of the assignee is inhibited.
The domain name thus suspended is reactivated for the original assignee only in view of an
executive proceeding on the part of the judicial or arbitration authority rejecting the requests of
whomsoever disputed the legitimacy of its use, or in view of the demonstration that the procedure,
the suspension order was issued within, has been extinguished.
The domain name suspended in accordance with the substance of the first comma of the present
article is revoked by the Registry only in view of a judicial sentence or arbitration decision which
confirms the act of suspension or declares that the assignee did not have rights to its use.
12.2 Suspension upon request of the assignee
Should the use of a domain name be judicially disputed, the Registry may suspend it upon request
of the assignee himself/herself.
In this case the Registry shall re-enable the domain registration in favour of its previous holder, as
soon as he/she requests it.
12.3 Suspension of a newly assigned domain name
When assigning a domain name the Registry may, whenever it may be necessary and whenever a
speedy action might be required, further verify the information provided by the assignee in the AR
letter. For such purposes the registrant may be asked to provide the Registry with additional
documentation, as per art.13.2.
Whilst awaiting the relevant documentation the Registry may suspend the domain name.
Upon completion of the verifications as per art.13.2, the Registry shall ensure that the domain name
is re-enabled to the assignee, or, in the circumstance described in art. 13.3, will revoke its
assignation.
13 Documentation for the assignment of a domain name
The request for a new domain name is made by way of an electronic form containing the technical
data necessary to its functionality and operation forwarded to the Registry by the
provider/maintainer of the domain name and a predefined letter of assumption of responsibility
forwarded by the domain name requester.
Assignment requests are only accepted by the Registry if accompanied by the above mentioned
documentation, compiled in accordance with the relevant instructions.
13.1 Letter of assumption of responsibility
The assignee of a domain name assumes full civil and penal responsibility for its use. The requester
shall, for such purpose, forward a letter of assumption of responsibility (AR letter) to the Registry,
according to the format provided by the Registry itself.
The requester’s identification data shall be specified in the AR letter. The requester shall also state
knowledge of the fundamental principals of use of the resources and of the Internet and of the
norms set up by the Registry as per art.1.2 of the present Rules as well as of the principles
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expressed in the document "Netiquette" (available on the Registry website) and shall pledge to
respect them.
The requester may devolve the controversies relating to the requested domain name to the
Arbitration Committee constituted by the Registry.
13.2 Verification of the documentation
The Registry may, at its own discretion, request to be provided with further documents confirming
what stated by the requester in the AR le tter.
Such documents shall be provided to the Registry within 15 days from receipt of the request. For
non-Italian resident assignees the above deadline is extended up to 30 days.
13.3 Failure to present the requested documents
It is the faculty of the Re gistry to annul the assignment of the domain name where:
· -the documentation is not received by the Registry within the relevant deadline; or
· -the requester refuses to send the documentation; or
· -it emerges that the data provided by the requester do not correspond to the truth.
13.4 Publication of the forms and of the relevant instructions
Electronic forms templates, AR letter forms as well as all relevant domain names registration
instructions and further details necessary for registration are published and maintained on- line by
the Registry on its own servers.
Disputes Resolution
14. Dispute Procedure
Anyone can dispute with the Registry domain names assigned in use by the Registry itself and
contained in the ANR.
14.1 Introduction to the dispute procedure
In order to activate a dispute procedure a letter shall be forwarded by registered post to the Registry
by complainants professing to have been subject to prejudice as a result of a domain name
assignation to another individual or organisation.
The letter of dispute shall contain the sender’s identification data, the disputed domain name, the
reasons for the dispute, the prejudice to which the sender has been subject or the rights which are
assumed to have been breached.
14.2 Procedures of the Registry in the instance of dispute
Upon receipt of a dispute, the Registry adds the note "valore contestato/challenged value" to the
value contained in the ANR. The dispute procedure starting date is also entered in a special file
which, though not accessible to the public, can be obtained on request.
Furthermore, within 10 working days following receipt of the dispute, the Registry sends an e-mail
to the assignee notifying that the previously registered domain name has been challenged.
The Registry also invites both parties either to activate an arbitration procedure, as per art.15, or to
activate a domain name reassignation procedure, as per art.16.
The notification made by the Registry to the assignee of the challenged domain name shall contain
all relevant dispute information including those details not available on the ANR for public
consultation.
The Registry shall provide the requesting party with all dispute information as well as the
documentation relating to the challenged domain name, upon refund of any expenses incurred.
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14.3 Pending Dispute
The Registry does not take part in a dispute resolution which, if not brought to an amicable
settlement, may be devolved by the parties to the Arbitration Body, as per art.15. Alternatively the
complainant may activate a reassignation procedure, as per art.16. The Registry shall not act in any
further way until the dispute has been resolved.
During a pending dispute the initiating party shall confirm at least once every six months its
willingness to keep the dispute pending and its renewed interest
in the challenged domain name to the Registry. Failing to do so, the Registry will consider the
dispute resolved, unless a notification relating to an existing pending judgement, arbitration or
administrative procedure on that domain name is received.
14.4 Dispute Resolved
The Registry considers a dispute resolved whenever:
1) a notification to this effect from all of the interested parties is received; or
2) an arbitration decision from the president of the Arbitration Body on the question in
conformance with the dictates of article 15.6 of the present Rules is received; or
3) a notification of judicial sentence on the part of the judicial authority, or arbitration decision
which resolves the question is received; or
4) a notification from the disputing party declaring the intention to abandon the dispute is
received; or
5) the previous assignee of the object disputed renounces the assignment; or
6) the challenged domain name is in the NO-PROVIDER-MNT state and the 3 months period
as per art.3.2 of the Technical Registration Procedures are passed without the Registry
receiving from the assignee further communication regarding the domain registration; or
7) one of the parties offers proof of the extinction of the judiciary procedure undertaken for the
resolution of the controversy; or
8) 6 months passed from the moment in which the dispute was initiated without any
notification from the disputing party reaffirming the intention to maintain the dispute; or
9) 6 months passed from the last reaffirmation of intention to maintain the dispute; or
10) the decision statement about an administrative procedure, as per art.16, transferring the
domain name to the challenger party is received; or
11) the decision statement about an administrative procedure, as per art.16, rejecting the
challenge is received; or
12) the domain name is officially annulled, as per art.11.2.
Once resolved, a dispute cannot be reactivated by the same parties for the same domain name,
unless the decision statement came out as per one of the circumstances mentioned in points 10 and
11 of the present article.
14.5 Effects of the resolution of the dispute
Once the dispute has been resolved in accordance with the circumstances described in article 14.4:
a) if the resolution has come about
· on the basis of points "4", "7", "8", "9" or "11" of article 14.4, or
· on the basis of point "10" of the preceding article 14.4, or
· on the basis of points "2" or "3 " of the preceding article 14.4 and the sentence or
arbitration decision are favourable to the assignee resisting the dispute, or
· on the basis of point "1" of the preceding article 14.4 and the parties agree as to the
legitimacy of the registration of the assignee resisting the dispute,
then the Registry removes the note "valore contestato/challenged value" for the challenged
domain name from the ANR;
b) if the resolution has come about
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· on the basis of points "2" or "3" of the preceding article 14.4 and the sentence or arbitration
decision are favourable to the challenger, or
· on the basis of point "9" of the preceding article 14.4, or
· on the basis of point "1" of the preceding article 14.4 and the parties agree as to the
illegitimacy of the registration of the assignee resisting the dispute, or
· on the basis of point "5", "6", "10" or "12" of the preceding article 14.4
then the Registry removes the assignment of the challenged domain name.
14.6 Reassignment of the disputed and removed domain name
In the cases covered by point "b" of article 14.5, the removal of the domain name under dispute
does not lead to its automatic assignment to the party which initiated the dispute.
Once the dispute has been resolved, the disputed domain name is not made available by the
Registry for new assignation for a period of at least 30 days. Not later than 10 working days after
the dispute resolution, the Registry shall also invite the disputing party to activate the relevant
procedure for the assignment of the domain name. Should the procedure not be initiated within 30
days from the dispute resolution, the domain name is made available fo r new assignation to any
individual or organisation that makes request for it to the Registry.
15. Arbitration Committee
15.1 Arbitration clause
Whomsoever requests a domain name with the Registry may engage, in the AR letter or in a
subsequent act, in the devolution to an informal arbitrator of any controversies in connection with
the assignment of the domain name itself in accordance with the present Rules, recognising as valid
and binding the decisions made by the Arbitration Body.
15.2 Constitution of the Arbitration Body
A list of arbitrators, composed of professionals with expertise in domain name issues, is constituted
within the Registry. Arbitrators already nominated in compliance with the “Naming Rules –
Version 3.9” are part of such list.
New questions proposals by Internet experts are forwarded to the Registry and submitted to the
Rules Committee evaluation.
The list of arbitrators nominated by the Registry who are members of the Arbitration Committee is
available from the Registry.
15.3 Composition of the Arbitration Body
The Arbitration Body is composed of three arbitrators; one member is chosen by each disputing
party while the third one, who acts as president of the Arbitration Body, is chosen by the two
arbitrators nominated by the parties.
The party wishing to initiate arbitration procedure shall proceed with the nomination of an arbitrator
via registered post letter forwarded to the respondent, to the nominated arbitrator and to the
Registry.
The letter shall contain the name of the arbitrator chosen from the list mentioned in art.15.2, the
object of the question to be submitted to the Arbitration Body, the factual and legal reasons on
which it is founded, conclusions, residence address and e- mail address, as well as the invitation to
the other party to nominate an arbitrator from the list of the Arbitration Committee members.
The party to whom the invitation to nominate an arbitrator is addressed shall proceed in accordance
with the procedures described in the previous comma, within 10 working days of receipt. Failing to
do so, the initiating party may ask for the nomination to be made by the Registry, which will
proceed with the nomination of an arbitrator within 5 working days from the request. The
nomination is notified to the parties via e- mail.
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The party arbitrators thus nominated shall choose the president of the Arbitration Body within five
working days of the latest nomination on the part of the disputing bodies. Shall such nomination not
be made within the above mentioned deadline, the most diligent party may ask for the nomination
of the third arbitrator to be made by the Registry, which will proceed with the nomination of an
arbitrator within 5 working days from the request. The nomination is notified to the parties via email.
The arbitration body is considered constituted from the day following the acceptance of the task on
the part of the president of the body itself.
The arbitrators shall come to a decision within 90 days of the constitution of the Arbitration Body.
15.4 Procedure before the arbitration body
The president of the Arbitration Body may nominate a secretary to assist during the procedure and
take minutes of the sittings in which the parties or their
representatives are heard.
The Arbitration Body may regulate the judgement procedure at its own discretion, assuring full
compliance with the Rules.
The Arbitration Body shall, in any case, allow each party a period of at least 10 working days to
present their respective defences and documentation, and a further period of at least 10 working
days for responses, as well as to convoke the parties and hear them in examination where this is
requested by one or both of them. Before the Arbitration Body either party may be represented by
another person, except where the Arbitration Body deems it necessary for them to be heard in
person.
Arbitration Body notifications to the parties, exchange of minutes and responses may be made via
e-mail, except where the parties explicitly request paper documentation, or where it is necessary to
exchange or examine original documentation which cannot be transmitted via e-mail.
15.5 Instructing powers of the Arbitration Body
In the event of serious circumstances the Arbitration Body may, upon request of one of the parties,
take precautionary measures in connection with the domain name and the disputed domain name.
The Registry shall take immediate action to activate those measures.
Where instruction is necessary, the Arbitration Body may delegate the proceedings of instruction to
one of the arbitrators. The Registry is bound to provide the Arbitration Body with all of the
requested information.
15.6 Decision of the Arbitration Body
The arbitrators pass judgement according to equity, in the quality of amicable components, on the
basis of the present Rules and the Italian ordination norms.
The president of the Arbitration Body notifies the parties and the Registry of the definitive decision
by registered post. The decisions of the Arbitration Body are kept by the Registry and are available
for the Arbitration Body members.
The arbitration decision is made public by the Registry, except where the Arbitration Body, upon
request from one of the parties, decides to the contrary.
The decision made by the Arbitration Body is unappealable.
The decisions of the Arbitration Body are made effective by the Registry within five working days
of their receipt.
15.7 Compensation of the arbitration body and expenses.
Upon the decision, the arbitrators liquidate their compensation along with that of the secretary of
the body, charging them, partially or entirely, to the losing party. On request of either one of the
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parties, the body may order the losing party to compensate, partially or in total, the expenses
sustained by the winning party, determining them, if necessary, according to fairness.
The compensation which the arbitration body liquidates to the arbitrators for the judgement cannot
exceed half of the maximum forensic fee, which is applicable at the time of the decision.
16. Disputed domain name reassignment procedure
16.1 Enforceability of procedure
The claimant may request that the registered domains, which have been challenged under art. 14,
undergo the reassignment procedure.
The administrative procedure is applicable to all domain names registered under the ccTLD "it".
16.2 Nature of procedure
The purpose of the procedure is to check that the assignee is entitled to use the domain name or has
its legal availability as well as to verify that the domain has not been registered and is not used in
bad faith.
The only possible result of the procedure is the domain name reassignment.
The procedure is not of a jurisdictional nature, and, as such, does not prevent the parties from
appealing, even at a later time, to the court of law or arbitration as provided by art.15 of the present
Rules.
16.3 Procedure, arbitration and appeal to the court of law.
The procedure shall be enforced and administered by special organisations called “Administrators”.
Such organisations shall fulfil the requirements set out by the Registry, following evaluations of the
Rules Committee.
The dispute initiating party shall be responsible for the selection of an administrator to enforce and
administer the procedure. Any costs related to the procedure shall be solely charged to the dispute
initiating party.
The procedure cannot be started if another judgement related to the disputed domain name before
the ordinary judge or the board of arbitrators is pending, as per art.15 of the present Rules. Shall a
judgement be filed before the ordinary judge or an arbitration procedure started according to art.15
of the present Rules, whilst the Procedure is still pending, then the Procedure itself shall be
extinguished.
16.4 Sources of procedure
The Procedure shall be ruled by:
· the present Rules including the norms contained in art.16 and the enclosed document
“Domain name reassignment procedure”;
· any further implementation provisions set forth by the administrators and approved of to the
purposes of art.16.5, sub-section II.
16.5 Supervision of administrators
The organisations under art. 16.3, sub-section I, may adopt their own implementation provisions for
a better definition of the procedure. The implementation provisions cannot conflict with the present
Rules and shall refer to such aspects as fees, procedure length limits, set- up directives,
communication means between administrators and boards, as well as all forms.
Such implementation provisions shall be approved by the Registry, following evaluations of the
Rules Committee.
The Registry and the Rules Committee shall be responsible for verifying that the organisations
which apply for the administration of procedures do fulfil the relevant requirements, and shall
subsequently supervise their work. Should an administrator repeatedly breach the procedural or
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merit rules the Registry may, following evaluations of the Rules Committee, exempt the
administrator from the administration of procedures.
16.6 Transfer of a disputed domain name
The procedures shall cover any domain name with respect to which a third party (hereinafter
referred to as the "claimant") states the following:
a) that the disputed domain name is the same or such as to mislead with respect to a trade mark
on which the claimant claims rights, or with respect to the claimant's name and surname;
and that
b) the existing assignee (hereinafter referred to as the "defendant") has no right or title with
respect to the disputed domain name; and, finally, that
c) the domain name has been registered and is used in bad faith.
If the claimant proves the joint existence of the above mentioned “A” and “C” circumstances and
the assignee does not proof to have rights of use of the challenged domain name, the disputed
domain name shall be transferred to the claimant.
With respect to the above mentioned point b), the defendant shall be deemed as entitled to the
disputed domain name if he/she proves that:
a) before being informed of the dispute, he used or objectively was prepared to use in good
faith the domain name or a name corresponding to the same to supply goods and services to
the public; or
b) that he is personally known, as an association or commercial organisation, with the name
which corresponds to the registered domain name, even if he/she has not registered the
related trade mark; or
c) that he is making lawful use of the domain name for non-commercial purposes, or for
commercial purposes without the intention to mislead the claimant's customers or breach the
claimant's registered trade mark.
16.7 Proof of registration and maintenance of the domain in bad faith
The following circumstances, if proved, shall be considered as evidence of registration and use of
the domain in bad faith.
a) Any circumstance which may cause the domain name to be considered as having been
registered for the main purpose to sell, transfer the domain name for use or otherwise, to the
claimant (who holds rights in the trade mark or name) or one of his competitors, for a
consideration, either money or other, exceeding the costs reasonably incurred into by the
defendant for registration and maintenance of the domain name;
b) The circumstance of the domain having been registered by the defendant in order to prevent
the holder of an identical trade mark from registering such domain name as his/her own, and
it being used for activities which compete with the claimant's activities;
c) The circumstance of the domain name having been registered by the defendant for the main
purpose of damaging a competitor's business or usurp the claimant's name and surname;
d) The circumstance of the domain name having been expressly used to attract Internet users,
for profit, by originating reasons for confusing it with the claimant's trade mark.
The listing above is for example purposes only. The board of arbitrators can, therefore, argue other
elements of bad faith in the registration and use of the domain name, even from circumstances other
than those listed above.
16.8 Multiple procedures
If multiple procedures are started with respect to one domain name, those which have been started
after the first one shall be suspended whilst awaiting the outcome of the first started. If the first
procedure started concludes with the transfer of the disputed domain name to the claimant, any
other procedures shall be extinguished.
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16.9 Role of the Registry
The Registry has no relation to the procedure and shall not be responsible for the work of the
administrators which enforce the procedures.
16.10 Publication of deliberations
The list of pending procedures and the deliberations on the procedures shall be made public on the
Registry website and in the website of the administrator to which the deliberating board belongs,
unless such board, under exceptional circumstances and by taking justified measures, decides not to
publish all or part of it.
16.11 Enforcement of deliberation
Should the board decide that the disputed domain name is to be reassigned, the board's deliberation
shall be enforced by the Registry (and the rules under articles 15.5 and 14.6 shall apply), unless the
latter receives, within 15 days from receipt of the board's deliberation, a suitably documented
notification from the defendant stating that he/she has filed legal proceedings or arbitration with
respect to the disputed domain name. Should the defendant which filed the legal proceedings be
willing, wherever possible, to refer to the deadline specified in the following paragraph, he/she shall
submit an explicit and documented declaration to be enclosed to the notification sent to the
Registry.
The above mentioned documented notification shall be supported within 10 days by the photo-copy
of the official act notification introducing the judgement. Failure to produce the above
documentation within 10 days or to start a judgement within the deadline specified in the first subsection,
will lead to the domain name reassignment by the Registry.
In the exclusive case that the notification of the legal action shall be sent from or to different
countries, the deadline to submit the copy of the notified act (after which the Registry will re-assign
the domain name) is extended up to 30 days, starting from the date when the Registry has received
the notification mentioned in the first paragraph of the present article.
Should the legal proceedings or arbitration be filed by the defendant be extinguished, the Registry
shall enforce the board's deliberation on the claimant's request.
16.12 Cost of procedure
The cost of the procedure shall at least amount to 400 Euros (plus VAT, where applicable).
17. Procedure administrators' requirements
17.1 Subjective requirements
The Procedures may be enforced by public or private organisations (legal persons) or by
professionals firms constituted within the European Union.
17.2 Submission of applications
Applications for admission to the administration of procedures shall be submitted to the Registry
which shall, upon the Committee’s evaluation, make a decision within 20 days from the submission
of the applications.
The application shall contain:
· the administrator's name and legal representative;
· establishment Date;
· name and address of the person in charge of the administration of procedures;
· the criteria which have been and which shall be followed by the administrator in the
selection of his/her arbitrators;
· the administrator's URL;
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· number of procedures the administrator considers he /she will be able to administrate on a
monthly basis;
· cost of procedure in the event of a single-person board or three- people board.
The administrator's application shall state the following:
· that the administrator shall be subject to the rules la id down by the Registry and accepts any
further amendment that should be made to them;
· that the arbitrators listed are familiar with the present Rules and with the norms laid down
for the enforcement of the procedures;
· that his arbitrators are free to act on their own right also with other administrators.
The application shall enclose the following:
· a list of at least 15 people, with the relevant qualifications, who accept to act as arbitrators in
domain name reassignment procedures;
· the text of any enforcement norms that the administrator intends to follow during the
administration of the procedures;
· the arbitrators' acceptance of being included in the list under point of the present subsection.
In submitting the application, the administrator shall make accessible to the Registry the URL
where the details contained in the application and the enclosed documents as per points a) and b) of
the above sub-section are published.
17.3 Acceptance of application
The Registry, after evaluating the opportunity to nominate new administrators with respect to the
needs of the ccTLD “it”, shall accept the applications and authorise the administrators whose
applications comply with the provisions laid down by art.17.2 and whose enforcement rules, if any,
do not conflict with the present Rules.
Any rejection of the application shall be justified and shall not prevent the administrator from
submitting a new application.
The organizations whose applications were rejected for opportunity reasons, shall be notified
whenever such reasons are no longer valid.
17.4 Qualification for administration of procedures
The acceptance of the application shall authorise the applicant to administrate the procedures. The
administrator shall be authorised to start working as such, provided he/she publicly opens the URL,
as per art 17.2, last sub-section, containing the details provided in the applications and in any
enclosed documents, as per art. 17.2, sub-section IV, points a) and b).
17.5 Revocation of qualification
The Registry shall revoke the qualification for the administration of procedures under the following
circumstances:
a) the administrator is subject to winding- up or bankruptcy proceedings;
b) the number of his /her arbitrators drops below 15;
c) the boards are proved to have generally breached the procedural rules;
d) the information supplied in the application is proved to be false.

DISPUTES

Under item 14 and following of the Regulation, the dispute procedure is the instrument that a third party can use to inform the assignee that he/she has rights to or interests in the domain name and/or that he/she is damaged by the registration.

Anyone can file a dispute to the Registry concerning the domain names assigned by the Registry and contained in the RNA.

The claimant sends the Registry a registered letter with advice of delivery containing the claimant's details, the disputed domain name, the reasons for dispute, the damage suffered or the rights he/she deems damaged.

The Registry adds the starting date of the dispute and the note "valore contestato/challenged value" to the value contained in the RNA. Within 10 working days, the Registry informs the parties that the procedure has been started along with all the information required. The Registry does not take part in the dispute settlement procedure.

The dispute must be renewed every six months unless a trial, arbitration or reassignment procedure is under way.

The disputed domain name can only be transferred to the initiating party.

Arbitration procedure

By choosing this procedure, the claimant chooses to refer to private judges the settlement of the issues related to the domain name registration and dispute, and recognises their decisions as effective and binding.

To express such a will, one can either sign the arbitration provision at the bottom of the registered letter or a later document.

Arbitrators are chosen from an Arbitration Committee.

Reassignment procedure

The purpose of this procedure is to check who is legally entitled to use or enjoy the domain name and if domain has been registered and maintained in bad faith (item 16.6 and ff. of the Regulation). At the end of the procedure, the domain name can only be reassigned. It is not jurisdictional in nature and as such the parties can make an appeal, even later, to the National Courts or to the Court or arbitrators as provided by art. 15 of the Regulation.

To start the reassignment procedure:


a dispute must have been filed;
it must be expressly filed by the claimant;
it concerns all domain names under ccTLD "it";
the claimant must fulfil all the requirements for registration of a domain name under the ccTLD "it".
The procedure is subject to:


the Regulation for the ccTLD "it" domain names assignment and maintenance;
the regulations set forth by the "Domain name reassignment procedure";
the enforcement provisions issued by the managing bodies, within the limits set forth by the Regulation and approved by the Rules Committee President.
The procedure is run by special organisations, public or private legal persons or firms incorporated in the European Union and called managing bodies, and meeting the requirements set out by the Registry, following evaluations of the Rules Committee. Applications for admission to the administration of procedures shall be submitted to the Registry which shall, upon the Committee s evaluation, make a decision within 20 days from the submission of the applications.

The "managing body" is chosen by the claimant. Costs are to be paid by the claimant. The board can be composed of one or three arbitrators, as decided by the claimant.

If the board decides to reassign the domain name, the Registry shall enforce the decision, unless it is informed, within 15 days from notice of the decision, that an ordinary trial or an arbitration has been filed. Such notice shall be substantiated by sending, over the next ten days, a photocopy of the served copy of the deed used to institute the proceedings.

If the board rejects the appeal, the Registry will remove the note "challenged value" from the domain name.

The list of pending procedures and relevant decisions are published in the Registry's website and in the website of the "managing body" to which the deciding board belongs, unless the board, in exceptional circumstances and through a justified order, decides not to publish part or all of it.

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