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Manage your domain name

The Procedure Act of 26 June 2003

In 2003, the Belgian legislator decided to fight cyber- and  typosquatting  crime by enacting the Act of 26 June 2003 (Belgisch Staatsblad [Belgian Official Gazette] of 9 September 2003) (now enshrined as Article XII.22 of the Code of Economic Law). 

This law shall apply: 

  • to all domain names from the .be zone (regardless of where the domain name holder lives or is established)
  • to all generic domain names (such as .com, .org, .net, .vlaanderen, .brussels, .club) and to country code domain names (such as .nl, .fr, .de), provided that the domain name holder lives or is established in Belgium.

 The Act differs essentially from the scope of application of the ADR procedure. 

The procedure is initiated and processed as a claim in interlocutory proceedings before the president of the court of first instance or the commercial court.  

Does it concern a .be, .vlaanderen or .brussels domain name? Then we advise you to send us a copy of the summons and ask us to block the domain name. This way, no changes can be made to the status of the domain name while the procedure is in progress.  

Legal requirements for transfer  

To obtain the transfer of the domain name, you must meet three cumulative requirements according to the Act:  

  • The domain name is identical to or corresponds in such a way as to cause confusion with details such as:
    • a brand  
    • a geographic location or designation of origin  
    • a trade name  
    • an original work  
    • a name of a company or association  
    • a family name or the name of a geographic entity,  
    • etc. that belongs to someone else. 
  • The registrant has no entitlement to or legitimate interest in that domain name. 
  • The registrant acted with the intention of causing harm to a third party or of obtaining an unwarranted benefit.  

If all three of these requirements are met, the president of the court may order both the deletion and the transfer of a domain name. We recommend that you ask for the transfer of the domain name, because otherwise you run the risk that once it has been deleted, the domain name will be registered again in bad faith.