Yayınlar

Refining the ‘a.tr’ domain allocation: what you need to know

• The registration of domain names with the ‘a.tr' structure became possible 12 months after TRABIS became operational
• The "Procedures and Principles for the Allocation of Domain Names with the ‘a.tr' Structure", published in August 2023,outline the roadmap for implementation
• The allocation of ‘a.tr' domain names is structured into three categories pursuant to the principle of rights holder priority

Background

Established at the Middle East Technical University, Nic.tr had been managing ‘.tr' domain names and resolving disputes relatedto these domains since 1991. However, on 14 September 2022 TRABIS was established under the auspices of the InformationTechnologies and Communication Authority (BTK), marking a shift in the management of ‘.tr' domain names.

With the entry into force of the Internet Domain Names Communiqué, the allocation of domain names began to follow the undocumented, ‘first come, first served' principle, albeit with some exceptions. It was also announced that the registration ofdomain names with the ‘a.tr' structure would become possible 12 months after TRABIS became operational.

New procedure

To address the concerns regarding the registration of this type of domain, the "Procedures and Principles for the Allocation of Domain Names with the ‘a.tr' Structure" were published on 25 August 2023 by the BTK. This regulation outlined the roadmapfor implementation, providing clarity on how ‘a.tr' domain names would be allocated going forward.

While the regulation primarily operates on a ‘first come, first served' basis, certain entities receive precedence. Under theprinciple of rights holder priority, the allocation of ‘a.tr' domain names is structured into three categories.

First category

In this category, designated for public institutions, priority is given to extensions allocated before 14 September 2023. Theseinclude ‘gov.tr', ‘edu.tr', ‘tsk.tr', ‘bel.tr', ‘pol.tr' and ‘k12.tr', as outlined in Article 27 of the communiqué. These extensions arelisted in hierarchical order, ensuring precedence in case of conflicting claims over the same domain. The allocation process forentities within this category concluded on 14 November 2023.

Second category

In this category, priority is accorded to specific organisations utilising ‘org.tr' domain names. These include:

• professional organisations holding public institutional status;
• public benefit associations and tax-exempt foundations; and
• professional organisations representing workers or employers.

The allocation process for entities within this category concluded on 14 February 2024.

Third category

Following the conclusion of the allocation process for the first and second categories, the procedure for the third categorycommenced on 14 February 2024. The requests will be gathered over the initial three-month period until 14 May 2024.Subsequently, allocations will be made following evaluation within the subsequent one-month period, from 14 May to 14 June2024. Therefore, the allocation process within this category is expected to take approximately four months.

Within the third category, priority is determined based on extension-based domain name ownership. Preference is given todomain names with extensions such as ‘kep.tr', ‘av.tr', ‘dr.tr', ‘com.tr', ‘org.tr', ‘net.tr', ‘gen.tr', ‘web.tr', ‘name.tr', ‘info.tr', ‘tv.tr',‘bbs.tr' and ‘tel.tr'. In cases where two domain names are identical, the extension listed previously will receive precedence.

Domain name holders are free to apply through their preferred registration institution and are permitted to submit multipleapplications through different institutions for pre-applications. However, in order to prevent applications by malicious thirdparties, the BTK has implemented a rule requiring that the previous domain name under the third category must have beenregistered before 25 August 2023. When applying, the owner's information for the earlier domain name must also match theowner's information for the ‘a.tr' domain name applied for.

It should also be noted that, under the procedures and principles published by BTK, the ‘a' part in the allocation of ‘a.tr' mustconsist of at least four characters.

Conclusion

It is imperative for IP rights holders to adhere diligently to the prescribed procedures. The ‘first come, first served' principle, ifleft unchecked, can be exploited by malicious third parties to their advantage. This could potentially lead to unjust gains at theexpense of genuine domain name and IP rights holders. Particularly concerning is the potential for abuse through theregistration of domain names with extensions such as ‘a.tr'. Failure to follow the proper application processes outlined by theBTK could leave rights holders vulnerable to exploitation and infringement. Therefore, meticulous attention to these proceduresis essential to safeguard IP rights and prevent unwarranted losses.