Register a Cyprus domain name

Domain Names

In Cyprus, domain names can be applied for under the CY TLD (top level domain) located at the University of Cyprus in Nicosia. The following is an outline of the main provisions for granting of licences for domain names in Cyprus:
Persons can apply for a domain name directly to the University of Cyprus or via an Internet Service Provider such as EworksWSI. Any company can apply for a domain and obtain a licence to use a Domain Name for the whole of its name as this has been registered at the Registrar of Companies and Official Receiver, or a combination of letters, provided that the line of chosen letters remains the same as it appears on the name of the registered company or trade name, the chosen name does not have a generic meaning, and the chosen name does not violate any regulations or coincides with any other registered name of a company or trade name. Any natural person can apply for a domain but he must have completed the 18th year of age at the time of the application. A copy of the identification card is required.

The applicant does not need a residence/domicile in Cyprus. However, the administrative contact listed in the registration from must provide proof that he is a Cypriot OR a permanent resident of Cyprus. Concerning foreign companies, they may obtain a licence to use only if they have a trademark.

10 Domain name allocations are allowed per a single registrant. The University may consider special relief to allow the allocation of additional Domain Names upon demonstration of a need for additional names. One domain name is allowed per individual. Exceptions can be made in cases where the individual is also a member of an organization in which case he/she can register an extra domain name on behalf of this organisation.

The registration of the Cyprus Domain name does not in any way imply reservation of a name or trade mark or ownership of the domain name but merely a licence to use the domain name for the licence period (generally one year). Ownership and all rights of the Domain name under the .cy top level domain remains with the University of Cyprus. The licence to use the domain name is issued to the organisation or individual (registrant), which appears on the registration form. According to this, the licence to use the domain name is issued to the registrant and not to the ISP that offers the name server support.

Domain names may be transferred. The original registrant is required to confirm the release of the existing domain name which he holds by letter or fax onto the organisation’s letterhead. Upon release of a domain name by its registrant, a new application and registration fee must be submitted by the new registrant of the domain name.

Domain Allocation & Intellectual Property Rights

Regarding Intellectual Property rights in Cyprus, trademarks, company names, business names, as well as Unfair competition claims including passing off and well know names can be used to attack a domain name licensee. When applying for a domain name an applicant undertakes that the laws of Cyprus including international treaties ratified by the Republic of Cyprus from time to time relating to Intellectual Property issues (e.g. trademark, copyright and famous names issues), as well as the ICANN Dispute Policy, are not violated. Dispute Policy means the ICANN Uniform Dispute Resolution Policy (UDRP) and the Rules for Uniform Domain Name Dispute Resolution Policy as adopted by ICANN on 24 October 1999 and as these may be amended from time to time regarding Intellectual Property domain name disputes.

The applicant also undertakes that to the best of his knowledge and belief, neither the License to use the Domain Name nor the manner in which it is directly or indirectly used infringes the legal rights of a third party and that the License to use the Domain Name is not being sought for any unlawful purpose. The Registrar will only give a licence to use a domain name if it is not barred by law such that, it complies with the Laws of Cyprus, including international treaties ratified by the Republic of Cyprus from time to time relating to Intellectual Property issues (e.g. trademark, copyright and famous names issues), as well as the ICANN Dispute Policy.

Registration of the Domain Name does not imply rights with respect to a name or trademark. It is the applicant’s responsibility to ensure that the name applied for does not conflict with third parties’ copyright, trade marks, famous names, or other intellectual property rights or the laws of Cyprus and ICANN Dispute Policy. The registration of a Domain Name, does not constitute acknowledgement of the registrar’s rights in the name contained in the Domain Name, nor authorization to use the Domain Name in the course of trade.

Domain Name Dispute Resolution

In circumstances where any party challenges the License to use a Domain Name, the Complainant, the Registrant and any other third-party complainants are required to first submit the dispute to the mediation service provided by the Registrar, before the dispute can be submitted to an administrative proceeding under the ICANN Uniform Dispute Resolution Policy. The Complainant, the Registrant and any third parties in the mediation process must pay a fee covering administrative expenses for the mediation. This mediation is compulsory. Failure of any of the above persons to engage in the mediation does not negate the obligation to pay the above fee. Failure of the Registrant against whom a complaint has been filed to engage in the mediation will result in the immediate cancellation of the License to use the Domain Name and withdrawal of the Domain Name from the Registry.

In the event that a dispute is not resolved through mediation, the Registrant involved agrees to participate in an administrative proceeding under the ICANN Dispute Resolution Policy, and to comply with the decision reached by the Administrative Panel. If it is found that a Domain Name License has been issued on the basis of untrue, inaccurate or injuriously false statements given by the Registrant, the Registrar may construe this Agreement as void and remove the Domain Name from the Registry. The License to use the Domain Name is also subject to termination or cancellation pursuant to any decision issued by the Administrative Panel under the ICANN Dispute Resolution Policy. The Registrar, will suspend the delegation of a Domain Name upon being informed that dispute resolution proceedings under the ICANN Dispute Resolution Policy have been commenced.

Either the Complainant or the Licensee reserve the right to take their case to the Cyprus Courts if they think that their interests are being violated. The University of Cyprus will comply with the decision reached through either the Arbitration Panel or the legal process. All legal actions come under the jurisdiction of the Cyprus Courts. Injunctions and damages claims can be enforced.

Jurisdiction & Applicable Law

To register a domain name under the .cy top level domain and obtain a licence to use it in Cyprus, an administrative contact must be appointed who is a permanent resident of Cyprus and who provides evidence to that effect and fulfill all other application requirements required by the University of Cyprus. Accordingly, if a domain name is registered in Cyprus, if a licensee or other complainant decide to take legal action, such action comes under the jurisdiction of the Cyprus Courts. Nevertheless, the licensee or complainant may also request a decision of one of the ICANN Accredited Panels and comply with any decision reached. If a foreign company has registered a domain name in Cyprus with the University of Cyprus under the .cy top level domain, then the Cyprus Law and ICANN rules will apply according to the terms and conditions of the licence to use the domain name. A person affected by the actions of such a foreign company can apply to a competent Cyprus Court or ICANN accredited Arbitration Panel for the resolution of a dispute.



To find out more about how the WSI can work for your business: Give us a call at +357-22675747

 

Get in touch with an expert today

get in touch