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INITIATIVE: ICANN's Uniform Domain Name Dispute Resolution Policy (UDRP)
Description
As noted in the WIPO Guide to the Uniform Domain Name Dispute Resolution Policy (UDRP): "The Uniform Domain Name Dispute Resolution Policy (the UDRP Policy) sets out the legal framework for the resolution of disputes between a domain name registrant and a third party (i.e., a party other than the registrar) over the abusive registration and use of an Internet domain name in the gTLDs (.com, .net, .org, .biz, .info and .name), and those ccTLDs that have adopted the Policy on a voluntary basis... "All ICANN-accredited registrars that are authorized to register names in the .com, .net, .org, .biz, .info and .name top level domains and the ccTLDs that have adopted the Policy on a voluntary basis have agreed to abide by and implement it for those domains. Any person or entity wishing to register a domain name in the .com, .net, .org, .biz, .info and .name top level domains and ccTLDs in question is required to consent to the terms and conditions of the UDRP Policy." Why is this initiative significant?
Disputes over domain names may be resolved through this mechanism. While ICANN principles indicate that persons do not have a property right in a domain name, the resolutions of these disputes based on intellectual property notions seems to indicate otherwise. Because this arrangement purports to be international, it suggests the allocation of property rights by an international body. |
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