UDRP

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The Uniform Domain-Name Dispute-Resolution Policy ( UDRP ) is a mediation procedure developed by ICANN for the solution of domain disputes. It was introduced to provide an easy and inexpensive way to resolve domain name disputes. Without such a procedure, many disputes would be processes with an international character, since the plaintiff and defendant often live or have their headquarters in different countries with different laws.

scope

The UDRP procedure is mandatory for domain registrations under numerous generic top-level domains (gTLDs), including .biz, .com, .info, .name, .net, and .org . There are also a number of countries that have adopted the UDRP identically or with changes for their own country code top-level domain names (ccTLDs), including:

  • .fj ( Fiji )
  • .fr ( France ) ( WIPO has suspended the use of the UDRP arbitration for .fr domains due to changes in French domain law on April 15, 2011; until the UDRP arbitration is adapted to the new legal situation, mediation proceedings can be carried out before the CMAP ( Center de Médiation et d'Arbitrage)

Main features of the procedure

Anyone who registers a domain that is part of this procedure undertakes not to violate any rights of third parties and to participate in the arbitration procedure in the event of a dispute. Anyone who feels that their rights have been violated can initiate arbitration proceedings.

Arbitration can take place at one of four different ICANN-accredited organizations:

  • the WIPO Arbitration Board
  • the National Arbitration Forum
  • the ADNDRC (Asian Domain Name Dispute Resolution Center)
  • the Czech Arbitration Court Arbitration Center for Internet Disputes.

It is irrelevant for the "procedural capability" whether the plaintiff or defendant are individuals or companies.

The claimant must demonstrate the following:

  • The domain name is identical with or confusingly similar to a trademark of the plaintiff.
  • The registrant (the defendant) has no rights and no legitimate interest in the domain name.
  • The registrant maliciously registered and used the domain name.

The defendant can prove legitimate interest as follows:

  • by showing that he acted in good faith;
  • by proving that he was already known by this name, even if there is no trademark right;
  • by proving that he is making legitimate, non-commercial use of the domain.

Malicious intent is checked, among other things, according to the following criteria:

  • Circumstances which lead to the assumption that the defendant only registered the domain in order to then sell or rent it for profit to the plaintiff or one of his competitors ( cybersquatting ).
  • Examination of whether the defendant registered the domain in order to prevent the plaintiff from registering a domain under his brand name.
  • Examination of whether the defendant registered the domain in order to disrupt the plaintiff's business.
  • Examination of whether the defendant has intentionally registered the domain in order to create a risk of confusion between himself and the plaintiff and thus redirect people to his website or another Internet-based offer.

An independent arbitrator then decides on the procedure based on the comments received. It can decide whether the domain should be transferred or the lawsuit dismissed. After that, both parties still have the option of going to an ordinary court.

If the arbitrator has decided that the domain should be transferred and the defendant does not initiate proceedings in an ordinary court within ten days, the domain will be transferred to the plaintiff.

At the WIPO Arbitration Board, the costs of the proceedings range from US $ 1500 to US $ 5000, depending on the number of domains involved and the number of arbitrators involved.

See also

Web links

Individual evidence

  1. ↑ WIPO: Domain Name Dispute Resolution Service for country code top level domains
  2. ↑ Denic information on the dispute procedure
  3. ↑ AFNIC: Suspension de la procédure OMPI (PARL) on 15 avril 2011
  4. ↑ ICANN list of accredited dispute resolution bodies
  5. ^ WIPO Arbitration and Mediation Center
  6. ↑ Stefan Ricke: Arbitration for domain-legal disputes by the WIPO Arbitration and Mediation Center in Geneva , February 2002
  7. ^ National Arbitration Forum
  8. ↑ Asian Domain Name Dispute Resolution Center ( Memento of the original from August 6, 2011 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.adndrc.org
  9. ^ Czech Arbitration Court Arbitration Center for Internet Disputes
  10. ^ WIPO: Schedule of Fees under the UDRP
  11. ↑ Overview of the UDRP procedural fees