What is the UDRP?
ICANN's Uniform Domain Name Dispute Resolution Policy
(UDRP) defines how disputes over domain-name registrations
are resolved in the global top-level domains (.biz,
.com, .info, .name, .net, and .org as well as .aero,
.coop, and .museum). The UDRP includes a mandatory,
non-binding, low-cost administrative procedure to resolve
a certain set of claims — namely, claims of abusive,
bad faith registration. This means a bad faith violation
of someone else's trademark. In situations other than
these, the UDRP provides that disputes must be resolved
by traditional means such as voluntary negotiation and
lawsuits. The UDRP is part of the Registration Agreement
that Internet users sign to register domain names in
the global top-level domains. A copy of the policy is
available at <http://www.icann.org/udrp/udrp-policy-24oct99.htm>.
When was the UDRP established?
The UDRP was adopted by ICANN on 26 August 1999. Implementation
began when the final policy documents were approved
on 24 October 1999.
What top-level domains are covered
by the UDRP?
The UDRP applies to the global top-level domains: .aero,
.biz, .com, .coop, .info, .museum, .name, .net, and
.org. The UDRP does not apply to country-code top-level
domains, except in a few cases where the local administrator
has decided to adopt it. For a useful index of the dispute-resolution
policies of the country-code top-level domains, see
<http://ecommerce.wipo.int/databases/cctld>.
What are the provisions of the
policy?
Under the UDRP, domain-name disputes must generally
be resolved in the same way as any other conventional
dispute: by mutual agreement, court action, or voluntary
arbitration. Without a court order or consent of the
registrant, a registrar will not cancel, suspend, or
transfer a domain name.
The UDRP also established an administrative procedure
for speedy, low-cost resolution of a specific category
of disputes: those arising from abusive, bad faith registrations
of domain names. In such cases, – commonly called
"cybersquatting" – a holder of trademark
rights initiates the administrative procedure by filing
a complaint with an approved dispute-resolution service
provider. In order to have the domain name transferred
or cancelled, the trademark holder must establish (1)
that he has a legally recognized trademark in a name
that is identical or confusingly similar to the domain
name; (2) that the current registrant of the domain
name has no legitimate rights in the name; and (3) that
there has been some evidence of bad faith or abuse.
(Please note that this is just a summary of the applicable
provisions; please refer to the full text of the policy
for details.)
Who are the approved dispute resolution
service providers?
For an up-to-date list of approved dispute resolution
service providers, please visit <http://www.icann.org/udrp/approved-providers.htm>.
Currently, the following providers are accepting new
cases: CPR
Institute for Dispute Resolution (CPR), National
Arbitration Forum (NAF), and the World
Intellectual Property Organization (WIPO). At the
end of February 2002, the Asian Domain Name Dispute
Resolution Centre (ADNDRC) will also begin operations.
How do I file a complaint?
To initiate a UDRP proceeding, a trademark owner should
select an approved dispute-resolution provider from
the list, and then follow the instructions on the provider's
website to submit a complaint.
Does the UDRP apply to personal
names?
No, except to the extent such names are protected by
trademark law.
Are decisions from the UDRP 's
administrative procedeedings published on the web?
Yes, UDRP decisions are available at <http://www.icann.org/udrp/proceedings-list.htm>.
Are historical statistics on past
decisions available online?
Yes, UDRP statistics are online at <http://www.icann.org/udrp/proceedings-stat.htm>.
What procedural rules govern
the conduct of administrative proceedings under the
UDRP?
The "Rules for Uniform Domain Name Dispute Resolution
Policy" are available at <http://www.icann.org/udrp/udrp-rules-29sept99.htm>.
Also, each provider has its own supplemental rules,
which are available on their respective websites.
How much does it cost to file a
complaint with one of the approved providers?
The providers set their own fees, which generally start
in the range of US$1,000 to US$2,000 for a single panelist
proceeding, but are higher for cases involving multiple
domain names, or where one or both parties opt to use
a three-member panel to decide the case.
How long does it take to decide
a case?
Administrative proceedings under the UDRP generally
progress faster than a regular court lawsuit. A decision
is typically rendered in about two months.
Where can I find more information
about the UDRP?
ICANN's website contains a compilation of links and
information relating to the UDRP at <http://www.icann.org/udrp/>.
Source : http://www.internic.net
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