Internet Domain Name Disputes

Cybersquatting presented some of the most complex and apparently insoluble legal problems ever. Cyberspace exists in the context of national jurisdictions with national laws. On the other hand applications for gTLD domain name registrations in particular were not examined for conflicts with trade mark rights.

The ingenious solution presented by the ICANN at the suggestion of the World Intellectual Property Organisation (WIPO) was the UDRP.

For over 10 years, the UDRP has been operated by a small number of dispute resolution centres with enormous success. The UDRP has become probably the most successful and important developments in the field of alternative dispute resolution of commercial disputes.

The procedure is based on written submissions. There is seldom, if ever, an oral hearing.

Similar procedures have been adopted for ccTLDs and the .eu domain

ICANN
WIPO
National Arbitration Forum
ADNDRC
ADR Forum
Czech Arbitration Court(Arbitration Centre for .eu disputes)
Nominet UK

 

MATERIALS

 

Decisions UDRP and ccTLDs