Uniform Domain-Name Dispute-Resolution Policy

The Uniform Domain - Name Dispute - Resolution Policy ( UDRP ) is a process developed by ICANN arbitration procedure for resolving domain disputes. It was introduced to provide a simple and inexpensive way of resolving domain name disputes available. Without such a procedure would be many disputes processes of an international character, as plaintiff and defendant often live in different countries where different laws and have their headquarters.

Scope

The UDRP procedure is mandatory to domain name registrations under numerous generic top- level domains (gTLDs ) application, including. Biz, . Com,. Info. Name,. Net, and. Org. There are also a number of countries that have adopted the UDRP or identical with changes for their own country-code top-level domain names ( ccTLDs ), such as:

  • . CC ( Cocos Islands )
  • . CD (Democratic Republic of Congo)
  • . CH ( Switzerland )
  • . CO ( Colombia)
  • . CR ( Costa Rica)
  • . CY (Cyprus)
  • . FJ (Fiji)
  • . FR (France ) (The WIPO has suspended the application of the UDRP arbitration for FR domains due to changes in the French domain law April 15, 2011; . Up to an adjustment of the UDRP arbitration at the new legislation can mediation proceedings before the CMAP ( Centre de Mediation et d' arbitrage ) are carried out )
  • . IE (Ireland )
  • . IO ( British Indian Ocean Territory )
  • . IR ( Iran)
  • . AI (Kiribati )
  • . KY (Cayman Islands)
  • . LA (Laos )
  • . LC ( St. Lucia)
  • . LI ( Liechtenstein )
  • MA (Morocco ).
  • MD ( Moldova).
  • . ME (Montenegro )
  • . MP ( Northern Mariana Islands)
  • . MW ( Malawi)
  • MX ( Mexico).
  • . RCV ( Namibia)
  • . NL (Netherlands)
  • . NR ( Nauru )
  • NU. ( Niue )
  • . PA (Panama)
  • . PE ( Peru)
  • . PH (Philippines)
  • . PK (Pakistan )
  • . PL ( Poland)
  • . PN ( Pitcairn )
  • . PR ( Puerto Rico)
  • . RE ( Reunion)
  • . RO ( Romania)
  • . SC (Seychelles )
  • . SH (Saint Helena )
  • SL (Sierra Leone).
  • . SO (Somalia)
  • . TJ (Tajikistan)
  • . TK ( Tokelau )
  • . ™ ( Turkmenistan)
  • TT (Trinidad and Tobago).
  • . TV ( Tuvalu )
  • . UG ( Uganda)
  • . VE ( Venezuela ( Bolivarian Republic of))
  • . WS (Samoa)

The ccTLD. De does not fall within the scope of the UDRP process, since the DENIC considers this to be necessary.

Outline of the procedure

Anyone who registers a domain that is connected to this method, is committed to infringe any rights of third parties and to participate in the dispute to the conciliation procedure. Anyone who feels violated his rights may initiate an arbitration procedure.

The arbitration can be performed at one of four accredited by ICANN organizations:

  • The arbitration board of the WIPO
  • The National Arbitration Forum
  • The ADNDRC (Asian Domain Name Dispute Resolution Centre)
  • The Czech Arbitration Court Arbitration Center for Internet Disputes.

For the " process capability " it is irrelevant whether the plaintiff or defendant individuals or companies.

The plaintiff must demonstrate the following points:

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

Legitimate interest, the defendant may prove as follows:

  • By proving that he acted in good faith;
  • By proving that he was already known by this name, even if possibly not brand right exists;
  • By demonstrating that it makes legitimate, non-commercial use of the domain.

Evil intent will be reviewed by, among others, the following aspects:

  • Circumstances suggest that the defendant's domain has just registered in order to be profitable to the applicant or one of its competitors to sell or rent ( cybersquatting ).
  • Checking whether the defendant's domain has been registered to preclude the applicant from registering a domain under his own brand.
  • Checking whether the defendant's domain has been registered to disrupt the business of the plaintiff.
  • Checking whether the defendant intentionally the domain has been registered, to bring about a likelihood of confusion between himself and the plaintiff and redirect so people on his web site or other web-based offering.

An independent mediation person then decides on the basis of the comments received on the procedure. You may decide that the domain be transferred or that the action is dismissed. Both parties have then still have the option to call an ordinary court.

Has decided the arbitration person that the domain should be transferred and forwarded to the defendant within ten days of a method to an ordinary court received, the domain is transferred to the plaintiff.

In the arbitration board of the WIPO, the cost of the procedure amount depending on the number of the involved domains and the switched arbitration persons to U.S. $ 1500 to U.S. $ 5000, the cost is somewhat lower in the other arbitration bodies.

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