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Initiative
AT A GLANCE
Adopted:
1999
Status:
As the leading institution providing dispute resolution for Internet domain names, the Center has served in over 5000 cases.

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INITIATIVE:

WIPO's Domain Name Dispute Resolution Service
Description

In cases where trademark owners believe there has been abusive registration of domain names related to their trademark, ICANN's Uniform Domain Name Dispute Resolution Policy (UDRP) affords an expedited administrative proceeding. According to te WIPO website:

"The WIPO Arbitration and Mediation Center is internationally recognized as the leading institution in the area of resolving Internet domain name disputes. Since December 1999, the Center has administered over 5000 proceedings primarily in the generic Top Level Domains (gTLDs) .com, .org, .net.

"Following ICANN's decision in November 2000 to admit seven new gTLDs, the Center has been designated to provide dispute resolution services for these domains also.

"In addition to its gTLD services, the Center also administers dispute procedures for a number of country code Top Level Domains (ccTLDs)."

Why is this initiative significant?

This dispute resolution process brings Net governance to a new level by providing the same types of processes that an agency at the national level would, only here at the international level. Here, individuals have "standing," or the right to appear before the tribunal, without having to go through national governments. Still, the process is tied to domestic processes, in that disputing parties may submit dispute to a traditional court for resolution. As described in the WIPO publication entitled Guide to WIPO Domain Name Dispute Resolution:

"The UDRP is international in scope, in that it provides a single mechanism for resolving a domain name dispute regardless of where the registrar, the domain name registrant, or the complaining trademark owner is located. Any person or company in the world can file a request for the resolution of a domain name dispute through the UDRP procedure, asserting that each of the UDRP criteria are present in its case. UDRP proceedings administered by the WIPO Center have involved parties from over 100 countries across the world...

"A key advantage of the UDRP procedure is the mandatory implementation of the resulting decisions. There are no international enforcement issues, as registrars are obliged to take the necessary steps to enforce any UDRP transfer decisions, subject to the losing party’s right to file court proceedings and suspend the implementation of the decision...

"Once a complainant initiates a UDRP proceeding, the registrant of a domain name must submit to the process. However, in line with its administrative character, the UDRP does not preclude the domain name registrant or the trademark holder from submitting the dispute to a court for independent resolution; either party may commence a lawsuit in court before, during, or after a UDRP proceeding. Paragraph 4(k) of the UDRP also allows a losing domain name registrant to challenge the administrative panel’s decision by filing a lawsuit in a competent court and thereby suspend the implementation of the panel decision. Although parties retain this court option, in practice this is a rare occurrence."



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