Often noting the existence of similar facts and circumstances or identifying distinguishing factors, WIPO panels strive for consistency with prior decisions. While the UDRP does not operate on a strict doctrine of binding precedent, it is important for the overall credibility of the UDRP system that filing parties can reasonably anticipate the result of their case. Under the UDRP, decision-making authority rests exclusively with the appointed external panels, based on the facts and circumstances of each case. It is hoped that as ICANN embarks on a review of the UDRP, resources such as this WIPO Jurisprudential Overview 3.0 assist responsible decision-making that works for all DNS stakeholders. Understanding the relationship between UDRP operations and policy, WIPO notes that the fabric of UDRP jurisprudence, carefully woven over many years, can easily be torn apart.
Beyond these resources, WIPO has successfully initiated paperless e-filing, case language, and settlement practices.
In furtherance of transparency and accessibility, this WIPO investment includes a keyword-searchable Legal Index of WIPO UDRP Panel Decisions, a full-text search facility on all posted decisions, real-time WIPO case statistics, UDRP training Workshops, WIPO Panelists Meetings, and this WIPO Jurisprudential Overview. Since creating the blueprint for the UDRP, WIPO as of early 2017 has processed over 37,000 UDRP-based cases decided by nearly 500 experts covering some 65 nationalities and 21 languages, and involving parties from over 175 countries.Īs the DNS expands, including as an engine for economic growth, and further to ICANN’s approval of scores of new Top Level Domains, the potential for cybersquatting and resulting consumer harm persists – making WIPO’s not-for-profit institutional investment in continued UDRP predictability, for all DNS stakeholders, all the more important.
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As a globally recognized best-practice, it is also the basis for a significant number of country code top-level domain (ccTLD) dispute resolution policies.
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Adopted by ICANN as a much needed standardized alternative to multi-jurisdictional court litigation, the UDRP provides an efficient remedy for brand owners and predictability for domainers, fosters consumer protection for end users, and acts as a safe harbor for DNS registration authorities. To help maintain the overall integrity of the Internet’s Domain Name System (DNS), at the request of the United States Government supported by all Member States, in 1999 following an extensive process of international consultations, the World Intellectual Property Organization (WIPO) created the Uniform Domain Name Dispute Resolution Policy (UDRP) to address cross-border trademark-abusive domain name registrations, a practice widely known as cybersquatting. Sometimes heralded as one of mankind’s greatest innovations, for all of its positive attributes, even looking back to its early days the Internet has also provided a platform for a range of bad-faith practices across territorial borders including Intellectual Property infringement. Its ubiquity both as a commercial medium – facilitating trillions of dollars in trade annually – and as a means of disseminating information globally is self-evident.
The World Wide Web in 2014 celebrated its 25th anniversary.
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