Changes

The WIPO Convention was signed in 1967, although the organization did not begin functioning until 1970.<ref>[http://www.asil.org/rio/wipo.html Reports on International Organizations]</ref> It was established by WIPO Convention with reference from its Member States. The main objective of WIPO was to enhance the protection of IP around the globe. This is carried out by cooperation amongst all member states as well as other international organizations. In 1974, it became a part of the United Nations.<ref>[http://www.patentlens.net/daisy/KeyOrgs/1236/418/420.html Patent Lens-Key Agreements and Organisations in Intellectual Property]</ref>In 1996, it entered into an agreement with the [[World Trade Organisation]], thereby expanding its trade role.<ref>[http://www.patentlens.net/daisy/KeyOrgs/1236/418/420.html Patent Lens-Key Agreements and Organisations in Intellectual Property]</ref>

The WIPO Convention was signed in 1967, although the organization did not begin functioning until 1970.<ref>[http://www.asil.org/rio/wipo.html Reports on International Organizations]</ref> It was established by WIPO Convention with reference from its Member States. The main objective of WIPO was to enhance the protection of IP around the globe. This is carried out by cooperation amongst all member states as well as other international organizations. In 1974, it became a part of the United Nations.<ref>[http://www.patentlens.net/daisy/KeyOrgs/1236/418/420.html Patent Lens-Key Agreements and Organisations in Intellectual Property]</ref>In 1996, it entered into an agreement with the [[World Trade Organisation]], thereby expanding its trade role.<ref>[http://www.patentlens.net/daisy/KeyOrgs/1236/418/420.html Patent Lens-Key Agreements and Organisations in Intellectual Property]</ref>

==Organization==

 

===Organization===

The Secretariat of WIPO is based in Geneva. The Secretariat's duty is to implement decisions made by the WIPO, to administer the global IP registration systems, and to counsel WIPO members. It is also responsible for executing the plans and programs that help in achievement of WIPO’s aims. Activities and transactions of the organization are enacted by the Director together with the Member States.  

The Secretariat of WIPO is based in Geneva. The Secretariat's duty is to implement decisions made by the WIPO, to administer the global IP registration systems, and to counsel WIPO members. It is also responsible for executing the plans and programs that help in achievement of WIPO’s aims. Activities and transactions of the organization are enacted by the Director together with the Member States.  

* 10th May, 2009—Draft Report of [[ICANN]]’s [[Implementation Recommendation Team]]<ref>[http://www.wipo.int/export/sites/www/amc/en/docs/icann100509.pdf Draft Report of ICANN’s Implementation Recommendation Team]</ref>

* 10th May, 2009—Draft Report of [[ICANN]]’s [[Implementation Recommendation Team]]<ref>[http://www.wipo.int/export/sites/www/amc/en/docs/icann100509.pdf Draft Report of ICANN’s Implementation Recommendation Team]</ref>

===Related to UDRP===

===UDRP Discussions===

* 15th July, 2011-- WIPO’s Observation on [[ICANN]] Staff “Preliminary Issue Report on the Current State of the [[UDRP]]”<ref>[http://www.wipo.int/export/sites/www/amc/en/docs/icann150711.pdf WIPO’s Observation on ICANN Staff “Preliminary Issue Report on the Current State of the UDRP”]</ref>

* July 15th, 2011-- WIPO’s Observation on [[ICANN]] Staff “Preliminary Issue Report on the Current State of the [[UDRP]]”<ref>[http://www.wipo.int/export/sites/www/amc/en/docs/icann150711.pdf WIPO’s Observation on ICANN Staff “Preliminary Issue Report on the Current State of the UDRP”]</ref>

# [[ICANN Board]] has assured of Uniform Dispute Resolution Policy (UDRP) stability.

# [[ICANN Board]] assured of Uniform Dispute Resolution Policy (UDRP) stability

# The focus of registration abuse review should be on [[cybersquatting]] instead of [[UDRP]].

# The focus of registration abuse review should be on [[cybersquatting]] instead of [[UDRP]]

# In case of new processes make sure that they are driven by some experts and focused in right direction.

# In case of new processes make sure that they are driven by some experts and focused in the right direction

# Distinctions between processes/policies are complex, the issues which are listed does not fall within the [UDRP]]’s scope and are subject to determination of panel.

# Distinctions between processes/policies are complex, the issues which are listed do not fall within the [UDRP]]’s scope and are subject to determination of panel

# The Uniform Dispute Resolution Policy (UDRP) should perform its job freely.

# The Uniform Dispute Resolution Policy (UDRP) should perform its job freely

* 6th May, 2011--WIPO’s observations to [[ICANN]] on Policy Staff/[[GNSO]] Council “Current State of the UDRP Webinar”<ref>[http://www.wipo.int/export/sites/www/amc/en/docs/icann060511.pdf WIPO’s observations to ICANN on Policy Staff/GNSO Council “Current State of the UDRP Webinar”]</ref>

* May 6th, 2011--WIPO’s observations to [[ICANN]] on Policy Staff/[[GNSO]] Council “Current State of the UDRP Webinar”<ref>[http://www.wipo.int/export/sites/www/amc/en/docs/icann060511.pdf WIPO’s observations to ICANN on Policy Staff/GNSO Council “Current State of the UDRP Webinar”]</ref>

# Domain Name Registrants, Trademark owners and Registration authorities have been offered effective solutions by the Uniform Dispute Resolution Policy (UDRP).

# Domain Name Registrants, Trademark owners and Registration authorities have been offered effective solutions by the Uniform Dispute Resolution Policy (UDRP)

# The [[UDRP]] has been a fair and flexible resolution system and has accommodated various evolving practices and norms.

# The [[UDRP]] has been a fair and flexible resolution system and has accommodated various evolving practices and norms

# As [[ICANN]] is thinking of expanding the [[DNS]] framework and there are some [[RPM]]s, which are in their testing phase; the time is wrong to modify the [[UDRP]].

# As [[ICANN]] is thinking of expanding the [[DNS]] framework and there are some [[RPM]]s, which are in their testing phase; the time is wrong to modify the [[UDRP]]

# The modification process of [[ICANN]] would end up in diluting and overburdening the [[UDRP]].

# The modification process would end up diluting and overburdening the [[UDRP]]

# [[ICANN]] must address the basic questions about cybersquatting’s [[DNS]] and business beneficiaries before looking into mechanism for addressing this practice.

# [[ICANN]] must address the basic questions about [[cybersquatting]]’s [[DNS]] and business beneficiaries before looking into mechanism for addressing this practice

* 26th March, 2010-- WIPO’s observations on “Registration Abuse Policies Working Group Initial Report”<ref>[http://www.wipo.int/export/sites/www/amc/en/docs/icann050511.pdf WIPO’s observations on “Registration Abuse Policies Working Group Initial Report”]</ref>

* March 26th, 2010-- WIPO’s observations on “Registration Abuse Policies Working Group Initial Report”<ref>[http://www.wipo.int/export/sites/www/amc/en/docs/icann050511.pdf WIPO’s observations on “Registration Abuse Policies Working Group Initial Report”]</ref>

# The [[UDRP]] has been included in the initial report of [[RAP WG]], but the idea behind it is not clear, especially against new [[gTLD]] program of [[ICANN]].

# The [[UDRP]] has been included in the initial report of [[RAP WG]], but the idea behind it is not clear, especially with regards to the [[new gTLD Program|new gTLD program]]

# It seems that new [[gTLD]] program of [[ICANN]] has already addressed the Cybersquatting Recommendation.

# It seems that new [[gTLD]] program has already addressed the cybersquatting recommendations

# [[ICANN]] must focus more on mechanisms rather then amending the [[UDRP]]. This will yield better results and will help in the long run.

# [[ICANN]] must focus more on mechanisms rather then amending the [[UDRP]], which will yield better results and will help in the long run

# [[UDRP]]’s integrity depends more on providers chosen by [[ICANN]].

# The [[UDRP]]’s integrity depends more on the UDRP providers chosen by [[ICANN]]

* 11th December, 2009—Related to Registrar Nameview<ref>[http://www.wipo.int/export/sites/www/amc/en/docs/icann111209.pdf Related to Registrar Nameview]</ref>

* 17th September, 2009—On conclusion drawn by [[ICANN]] on [[eUDRP]] proposal of WIPO<ref>[http://www.wipo.int/export/sites/www/amc/en/docs/icann170909.pdf On conclusion drawn by ICANN on eUDRP proposal of WIPO]</ref>

* 9th April, 2010—Related to Registrar Lead Network<ref>[http://www.wipo.int/export/sites/www/amc/en/docs/icann090409.pdf Related to Registrar Lead Network]</ref>

under ICANN’s New gTLD Program. In summary, "Prior to ICANN’s approval of a New gTLD, third parties may file a formal objection to an application on several grounds, including, for trademark owners and Intergovernmental Organizations (IGOs), on the basis of a “Legal Rights Objection.”When such an objection is filed, an independent panel (comprised of one or three experts) will determine whether the applicant’s potential use of the applied-for gTLD would be likely to infringe (described below) the objector’s existing trademark, or IGO name or acronym."<ref>[http://www.wipo.int/amc/en/domains/lro/ LRO, WIPO.int]Retrieved 25 March 2013</ref> WIPO received a total of 41 objections to administer.<ref>[http://www.wipo.int/amc/en/domains/lro/cases/ Cases, LRO, WIPO.int] Retrieved 25 March 2013</ref>

* 30th December, 2008—On [[eUDRP]] initiative of WIPO<ref>[http://www.wipo.int/export/sites/www/amc/en/docs/icann301208.pdf On eUDRP initiative of WIPO]</ref>

* 27th November, 2008—Draft Advisory concerning Best Practices by Registrars<ref>[http://www.wipo.int/export/sites/www/amc/en/docs/icann271108.pdf Draft Advisory concerning Best Practices by Registrars]</ref>

 

The World Arbitration and Mediation Center (WIPO Center) was created in 1994 to offer alternative dispute resolution options to resolve international commercial disputes between private parties. The center was developed by experts in cross-border dispute settlement, arbitration, mediation and determination procedures. It headquarters is located in Geneva, Switzerland and an office in Singapore.<ref>[http://www.wipo.int/amc/en/center/background.html About WIPO Center]</ref>

==Number of UDRP Cases Filed with the WIPO Center==

==Number of UDRP Cases Filed with the WIPO Center==

Based on the latest statistics released by the WIPO Center,  there were 2,764 cybersquatting cases filed involving 4,781 domain names in 2011. Since the implementation of UDRP in 1999, there were 22,500 UDRP based cases filed involving 40,500 ccTLDs and gTLDs.<ref>

Based on the latest statistics released by the WIPO Center,  there were 2,764 cybersquatting cases filed involving 4,781 domain names in 2011. Since the implementation of the UDRP in 1999, there were 22,500 UDRP based cases filed involving 40,500 ccTLDs and gTLDs.<ref>

[http://www.domainnews.com/en/wipo-released-2011-cybersquatting-stats-2764-udrp-cases-covering-4781-domain-names-in-2011.html WIPO Released 2011 Cybersquatting Stats ! 2,764 UDRP cases covering 4,781 domain names in 2011]</ref>

[http://www.domainnews.com/en/wipo-released-2011-cybersquatting-stats-2764-udrp-cases-covering-4781-domain-names-in-2011.html WIPO Released 2011 Cybersquatting Stats ! 2,764 UDRP cases covering 4,781 domain names in 2011]</ref>

==Overturned UDRP Cases==

==Overturned UDRP Cases==

Some of the most controversial UDRP cased handled by the WIPO Center involved 22 domain names including the publicstorge.com, pulicstorage.com and puplicstorage.com which were transferred to Public Storage after the UDRP Panel found that the domain names were registered in bad faith by the respondents in the case-Texas International Property Associates (TIPA) also referred to as "Receivers".<ref>[http://www.wipo.int/amc/en/domains/search/text.jsp?case=D2010-1782 Public Storage v. Texas International Property Associates]</ref> <ref>[http://www.wipo.int/amc/en/domains/search/case.jsp?case_id=18339 WIPO Case D2010-1053]</ref> The decision of the UDRP Panel to transfer the 22 domains from the Receiver to the legitimates owners of trademarks was overturned by Senior Judge Royal Furgeson of the Northern Texas District Court on January 10th 2012. Judge Fergeson ordered the Australian based domain name [[Fabulous.com]] to disregard the decision of the UDRP Panel and to transfer back the domain names to the Receivers. He also ordered ICANN to stay and abate the UDRP proceedings and to file a notice of compliance to the court.<ref>[http://domainnamewire.com/2012/01/12/wow-judge-orders-udrp-transfers-including-apple-typo-to-be-reversed/ Wow: Judge orders UDRP transfers, including Apple typo, to be reversed]</ref> ICANN filed a motion to the court to vacate its ruling granting the Receiver’s Emergency Motion to Stay on December 2011. ICANN argued that it has no authority to abate the UDRP Panel proceedings. The court denied ICANN's motion. <ref>

Some of the more controversial UDRP cases handled by the WIPO Center involved 22 domain names including publicstorge.com, pulicstorage.com and puplicstorage.com which were transferred to Public Storage after the UDRP Panel found that the domain names were registered in bad faith by the respondents in the case-Texas International Property Associates (TIPA) also referred to as "Receivers".<ref>[http://www.wipo.int/amc/en/domains/search/text.jsp?case=D2010-1782 Public Storage v. Texas International Property Associates]</ref><ref>[http://www.wipo.int/amc/en/domains/search/case.jsp?case_id=18339 WIPO Case D2010-1053]</ref> The decision of the UDRP Panel to transfer the 22 domains from the Receiver to the legitimates owners of trademarks was overturned by Senior Judge Royal Furgeson of the Northern Texas District Court on January 10th, 2012. Judge Fergeson ordered [[Fabulous.com]] to disregard the decision of the UDRP Panel and to transfer back the domain names to the Receivers. He also ordered ICANN to stay and abate the UDRP proceedings and to file a notice of compliance to the court.<ref>[http://domainnamewire.com/2012/01/12/wow-judge-orders-udrp-transfers-including-apple-typo-to-be-reversed/ Wow: Judge orders UDRP transfers, including Apple typo, to be reversed]</ref> ICANN filed a motion to the court to vacate its ruling granting the Receiver’s Emergency Motion to Stay in December, 2011. ICANN argued that it has no authority to abate the UDRP Panel proceedings. The court denied ICANN's motion.<ref>

[http://bretbucket.s3.amazonaws.com/Order-ICANNStay.pdf ORDER DENYING NON-PARTY INTERNET CORPORATION FOR ASSIGNED NAMES AND NUMBERS’ MOTION TO VACATE]</ref>

[http://bretbucket.s3.amazonaws.com/Order-ICANNStay.pdf ORDER DENYING NON-PARTY INTERNET CORPORATION FOR ASSIGNED NAMES AND NUMBERS’ MOTION TO VACATE]</ref>

==References==

==References==

{{reflist}}

 

{{reflist}}</div>

* [http://www.wipo.int//portal/index.html.en WIPO]

[[Category: Organizations]]

[[Category: Organizations]]