UDRP
UDRP is the acronym for Uniform Domain-Name Dispute Resolution Policy are represents the document used by the ICANN (Internet Corporation for Assigned Names and Numbers) with the purpose of creating guidelines in case disputes arise regarding the registration of domain names.
Short 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.
It is important to remember that the UDRP applied to all gTLDs. Additional dispute resolution policies may apply to specific circumstances for individual TLDs. ICANN adopted UDRP and when referring to gTLD this includes: .aero, .asia, .biz, .cat, .com, .coop, .info, .jobs, .mobi, .museum, .name, .net, .org, .pro, .tel and .travel.
Disputes which rise from abusive registration of domains like cybersquatting is a case for UDRP. Whenever a contract between a registrar and a customer is being concluded, the UDRP policy is being applied.
UDRP disputes
The Uniform Domain Name Dispute Resolution Policy (UDRP Policy) is comes into force by means of the domain name dispute resolution services of the WIPO Arbitration and Mediation Center. UDRP was ICANN on August 26 year 1999, while the UDRP Rules were approved by ICANN on October 30 year 2009.
Besides the UPRD Policy and UDRP rules, the WIPO Center has also developed a separate set of Supplemental Rules for the Uniform Domain Name Dispute Resolution Policy that entered into into starting with on December 14 year 2009.[1]
All these rules and proceedings are applied in the case of abusive registration, use of domain names with bad faith and even for trademark violation. WIPO has processed approximately 17000 UDRP related cases. The UDRP takes into account the recommendations and provisions of WIPO regarding conflicts regarding trademarks and domain names. There is available a wide variety of WIPO cases so that the registrants and all Internet users can stay informed. [2]
UDRP complaint elements
In order to be valid the UDRP proceedings must make sure that the following three conditions are met:
- 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.
These three conditions must be satisfied in the same time in order to prove the eligibility and validity of the UDRP complaint.