Ordinance on Internet Domains (OID) (OID)

By Steph2
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In The Matter OfOrdinance on Internet Domains (OID) (OID)
Exhibit A
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English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.

Section 1 General Provisions

Art. 49 Object

The provisions of this Chapter govern the management of the “.swiss” top-level domain and the management and allocation of second-level domain names which are subordinate to it.

Art. 50 Characteristics

The “.swiss” domain has the following characteristics: a. it is managed by the Confederation; b. the domain and the domain names which are subordinate to it are intended to serve and promote the Swiss community, its image and its political, economic, legal or cultural interests in Switzerland and in the world; c. the subordinate domain names may be allocated only to entities located in Switzerland or having a particular link with Switzerland; d. the policy of assigning domain names must be implemented in a prudent manner protective of the interests of the Swiss community; it may restrict the categories of designations that are available for allocation or the eligibility of persons who may require such an allocation; e. the registrar function is exercised in free competition by all the entities which have a valid registrar contract with the Registry.

let. b — Term in accordance with No I of 28 June 2023, in force since 1 Jan. 2024 (AS 2023 1967).

Section 2 Registry

Art. 51 Particular tasks

In the exercise of its functions, the Registry has the following particular tasks: a. to offer a single arrangement (a single point of contact) allowing any person to bring to the attention of the Registry a domain name the allocation or use of which are likely to be illegal or contrary to public order; b. to monitor by random samples that the allocated domain names comply with the conditions of allocation and that their use is not manifestly illegal or contrary to public order; c. to take commercial communication or sponsorship measures in order to promote the “.swiss” domain; for this purpose it may work with the authorities responsible, in particular the Swiss Federal Institute of Intellectual Property, the Swiss Federal Statistical Office and the cantonal commercial registers.

let. c — Amended by No I of the O of 18 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6251).

Art. 52 Provision of data

1 The Registry shall publish in the RDDS database (WHOIS) the data that are required in accordance with the rules that apply at international level. 2 It may publish the following data there: a. the name of the organisation and the UID of the holder of the domain name concerned; b. the identification information and contact data of the holder of the domain name concerned if it is a legal entity; c. the identification information and contact data of the holder of the domain name concerned if the holder has consented to publication; d. information on how the holder of the domain name concerned may be contacted anonymously. [tab] 3 The Registry shall provide search facilities in the RDDS database (WHOIS) on the basis of criteria such as the domain name concerned, the registrar in charge of its management or the designation of the name server. 4 It shall grant any person that has an overriding legitimate interest access to the personal data of the holder of the domain name concerned that a

Art. 52 — Amended by No I of the O of 18 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6251).

Section 3 Allocation

Art. 53 Particular conditions of allocation

1 A domain name is allocated when the following particular conditions are met, in addition to the general conditions provided for by Article 25: a. the applicant provides proof of a sufficient link with Switzerland; this is in particular the case when its headquarters and an actual administrative site or its residence is in Switzerland, or if the person concerned is a Swiss citizen; b. the applicant belongs, at the time of submission of the registration application, to a category of persons entitled to request an allocation (eligibility); c. … d. the envisaged use complies with Swiss law; if the domain name is used to offer or advertise products or services, a headquarters and an actual administrative site or domicile in Switzerland are essential; e. the requested designation may legitimately be regarded as having an objective relationship with the applicant or the envisaged use of the domain name; f. the requested designation does not correspond to or is not related to a designation w

Para. 1 let. c — Repealed by No I of the O of 28 June 2023, with effect from 1 Jan. 2024 (AS 2023 365). Para. 1 let. e — Amended by No I of the O of 28 June 2023, in force since 1 Jan. 2024 (AS 2023 365). Para. 1bis let. d — Inserted by No I of the O of 28 June 2023, in force since 1 Jan. 2024 (AS 2023 365). Para. 1ter let. d — Inserted by No I of the O of 28 June 2023, in force since 1 Jan. 2024 (AS 2023 365). Para. 2 let. a — Amended by No I of the O of 18 Nov. 2020, in force since 1 Jan. 2021

Art. 54

Repealed by No I of the O of 15 Sept. 2017, with effect from 1 Nov. 2017 (AS 2017 5225).

Art. 55 Eligibility

The following are eligible to be allocated a domain name: a. public bodies or other Swiss public law organisations; b. entities entered in the Swiss commercial register that have their registered office and an actual administrative site in Switzerland; c. associations and foundations not entered in the Swiss commercial register that have their registered office and an actual administrative site in Switzerland; d. individuals resident in Switzerland or who are Swiss citizens.

Art. 55 — Amended by No I of the O of 15 Sept. 2017, in force since 1 Nov. 2017 (AS 2017 5225). let. d — Inserted by No I of the O of 28 June 2023, in force since 1 Jan. 2024 (AS 2023 365).

Art. 56 Naming mandate

1 Domain names which correspond to or which are connected with designations of a generic character with a particular interest for all or part of the Swiss community must be allocated under a naming mandate. OFCOM may publish a non-exhaustive list of the designations or categories of designation concerned. 2 The Registry may allocate domain names under a naming mandate: a. following a call for tenders; if necessary it shall regulate the modalities of the tendering procedure; the latter must conform to the principles of objectivity, non-discrimination and transparency, while guaranteeing the confidentiality of the data provided by the candidates; or b. on the basis of a spontaneous candidature. 3 Any candidate for a domain which is to be allocated under a naming mandate must: a. demonstrate that it complies with the general and particular conditions imposed on the allocation of a domain name; b. demonstrate that it represents all or an important part of the community concerned with the r

Para. 1 — Amended by No I of the O of 28 June 2023, in force since 1 Jan. 2024 (AS 2023 365). Para. 3 let. b — Amended by No I of the O of 18 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6251). Para. 3 let. e — SR 232.11 Para. 8bis let. b — Inserted by No I of the O of 28 June 2023, in force since 1 Jan. 2024 (AS 2023 365).

Art. 57 Allocation process

1 The Registry shall examine any application for registration of a domain name and publish them, unless the application manifestly does not meet the general and particular conditions for allocation. Other applicants may submit a registration application for this same domain name within the 20 days following publication. 2 In the event of a multiple application, the Registry shall allocate the domain name concerned in the following order of priority: a. in principle to the public corporation or to the public law organisation making the application when the latter is in competition with private applicants and the requested designation as such is of public interest; b. to the public corporation or public law organisation that intends to use the domain name concerned in a manner that provides added value which is manifestly greater for the Swiss community than that of other similar corporations or organisations; if no project satisfies this requirement and the corporations or organisations

Para. 2 let. a — Amended by No I of the O of 28 June 2023, in force since 1 Jan. 2024 (AS 2023 365). Para. 2 let. b — Amended by No I of the O of 28 June 2023, in force since 1 Jan. 2024 (AS 2023 365). Para. 2 let. d — Amended by No I of the O of 28 June 2023, in force since 1 Jan. 2024 (AS 2023 365). Para. 2 let. dbis — Inserted by No I of the O of 28 June 2023, in force since 1 Jan. 2024 (AS 2023 365). Para. 2 let. e — Amended by No I of the O of 28 June 2023, in force since 1 Jan. 2024 (AS 20

Section 4 Revocation

Art. 58

The Registry may, on its own initiative or at the request of the registrar concerned, revoke the allocation of a domain name: a. if it appears that a generic designation allocated as a domain name should have been allocated under a naming mandate; the beneficiary of the naming mandate shall pay the former holder compensation which includes all the costs of registration and management of the revoked domain name; b. if it is evident, on the basis of a brief examination, that the designation allocated as a domain name infringes a trademark right; c. if the domain name contains a geographical denomination which is of particular interest for all or part of the Swiss community and is required by a public body or another public law organisation; the latter pays the former holder compensation which includes all the costs of registration and management of the revoked domain name; d. if there is justifiable suspicion that the holder has applied for the registration for the sole purpose of harmin

let. g — Inserted by No I of the O of 28 June 2023, in force since 1 Jan. 2024 (AS 2023 365).