Your comments are most welcome

[Alex Gakuru]

Colleagues,

Below is an excerpt from our draft regulations. I am uncomfortable
with 20 (1) c. "does not infringe the rights of third parties;"  which
I find very generic and prone to abuse by Intellectual Property
'domain name rights' holders compared to "first come first served
domain name registrations tradition.  Furthermore this would imply
imprisonments for such registrars in view of 25 (1) and (2).

Would you kindly care to comment for our legal team to take note on
our comments to be submitted soon?

regards,

Alex

----snip---

                      20.   1) Registrars shall, before registering
any domain name,
Obligations of              satisfy themselves that the name so submitted:
Registrars                   a. complies with the guidelines issued pursuant to
                                       regulation 18;
                                   b. is not contrary to the law;
                                   c. does not infringe the rights of
third parties;
                                   d. does not improperly give the impression of
                                       pertaining to public
administration or the exercise
                                       of public powers
                           2) The Registrant shall be the holder of
the registered
                               domain name; provided that the
Registrar reserves the
                               right to recall the registered domain
name if it is
                               established that the registration was
contrary to these
                               Regulations.

                   21. Liability for the infringement of third party
rights and interest
Limitation of       arising from holding or using a domain name shall
be borne by
Liability              the Registrant.

                  PART IV:MISCELLANEOUS PROVISIONS

                   25.
Offences and           (1) Any licensee who contravenes the provisions of this
Penalties              Regulation commits an offence.

                       (2) Any person who commits an offence under these
                       Regulations shall be liable on conviction to a
fine not exceeding
                       three hundred thousand shillings or to
imprisonment for a term
                       not exceeding three years or both.
<http://www.cck.go.ke/UserFiles/File/E-transactions%20draft%202%20fair%20draft.pdf>