Difference between revisions of "UDRP"
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Revision as of 02:21, 27 July 2011
The Uniform Domain-Name Dispute Resolution Policy, or UDRP, is a set of guidelines used by ICANN to resolve disputes regarding the registration of domain names.
The UDRP was adopted on August 26th, 1999. Additionally, a set of Rules for Uniform Domain Name Dispute Resolution Policy (UDRP Rules) were approved by ICANN on October 30th, 2009, followed by Supplemental Rules for the Uniform Domain Name Dispute Resolution Policy, which entered into effect on December 14th, 2009.[1]
Overview
The UDRP are policies which apply in case of various disputes between registrants and third parties as a result of the registration and use of domain names. Disputes under these policies may be filed with one of the approved dispute-resolution service providers for the given policy.
the UDRP was created in order to protect recognized brands and trademarks from abuse by third party registrants who should not be allowed to use, or have invested interest it, the given trademark. It is important to remember that the UDRP applies to all gTLDs. Additional dispute resolution policies may apply in specific circumstances for individual TLDs.[2]
UDRP disputes
WIPO has processed approximately 17,000 UDRP related cases.[3]
In order to be considered valid and eligible, the UDRP complaint must meet the following three conditions:
- The trademark is damaged as a result of an identical domain name;
- The current registrant does not have any relevant interests regarding the domain name;
- The current registrant owns the domain name in "bad faith." Bad faith refers to deception and fraud, the intentional action to deceive others.
WIPO and UDRP
The UDRP Policy provides the legal framework for the resolution of disputes between a domain name registrant and a third party regarding abusive registration and use of a specific Internet domain name via a dispute resolution provider. The ICANN Board adopted the UDRP Rules which present the procedures which must be followed for the dispute resolution in October, 1999.
The WIPO Arbitration and Mediation Center (WIPO Center) is such a dispute resolution service provider. In this way, the WIPO center acted as a technical advisor when ICANN was drafting the UDRP Policy and Rules. WIPO developed Supplemental Rules specifically for UDRP Rules and Policy.[4]