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Legal framework and governance for your gTLD: from registry policy design to operational contracts.

From Policy to Registry Practice

After ICANN approval, new gTLD operators must operationalise their registry activities: sign the registry agreement, activate technical infrastructure, launch registrar accreditation programmes, and implement compliance procedures. The period between approval and live delegation involves a structured series of contractual and operational milestones, each with its own requirements and dependencies.

Pitch.law guides applicants through every phase of the post-evaluation process, from contract negotiations with ICANN through the final delegation of the TLD in the DNS root zone. We have participated in this process for multiple registry clients and understand the practical requirements that go beyond what the Applicant Guidebook describes.

Registry Agreement Negotiation

The Registry Agreement is the contract between the gTLD operator and ICANN that governs the operation of the TLD for its entire lifecycle. It covers registry services commitments, DNS abuse mitigation obligations, WHOIS/RDAP requirements, financial reporting, compliance audit rights, and the terms under which ICANN can take remedial action. While much of the agreement follows ICANN's standard form, there are negotiable elements, particularly around registry policies, fee structures, and operational flexibility. We negotiate these provisions to protect the operator's strategic and commercial interests within the framework that ICANN will approve.

Sunrise Period and Launch Preparation

Before a new gTLD opens for general registration (applicable to open gTLDs), it must complete a mandatory sunrise period during which trademark holders can register domain names before the general public. The sunrise period requires integration with ICANN's Trademark Clearinghouse and implementation of claims notification services. For brand TLDs operating as closed registries, the sunrise requirements are simplified but not eliminated. We manage sunrise period design, technical integration with the claims service, and dispute resolution for any trademark-based challenges during the pre-launch phase.

Operational Compliance

Once delegated, the gTLD operator must maintain ongoing compliance with ICANN's requirements: DNSSEC signing of the TLD zone, WHOIS/RDAP data publication, DNS abuse monitoring and mitigation, periodic reporting, payment of ICANN registry fees, participation in compliance audits, and maintenance of a registry continuity plan. For brand TLDs with minimal registration volume, these obligations are manageable with appropriate registry service provider support. We set up the compliance framework during the pre-delegation phase so that operational compliance is routine from day one.

Frequently Asked Questions

How long does it take from ICANN approval to going live?

Typically 6 to 18 months, depending on the speed of contract execution, technical implementation, and sunrise registration period. A well-prepared applicant with existing infrastructure can compress this timeline significantly.

What is a sunrise period?

A mandatory pre-launch registration period during which trademark holders can register domain names in the new gTLD before it opens to the public. We manage sunrise period design, claims service integration, and dispute resolution for trademark-based challenges during this period.

What ongoing obligations does a gTLD operator have?

DNSSEC signing, WHOIS/RDAP publication, DNS abuse monitoring, periodic reporting to ICANN, registry fee payments, compliance audit participation, and maintenance of a registry continuity plan. These obligations are manageable for well-organised operators with appropriate technical support, but they are real commitments that must be resourced.

Can registry policies be changed after delegation?

Yes, but material changes to registry policies require ICANN approval through the Registry Services Evaluation Policy (RSEP) process. Minor operational changes can typically be implemented without formal approval, but changes that affect registrant rights, registration eligibility, or the fundamental nature of the TLD require advance consultation with ICANN. We advise on which changes require RSEP approval and manage the process when formal approval is needed.

Bart Lieben
Attorney-at-Law
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