Rethinking Domain Name Disputes Resolution in the Era of New gTLDs: Notable Procedural Issues in UDRP

On the 18 January 2014, the Malaysian branch of the Asian Domain Name Dispute Resolution Center (ADNDRC) held a conference entitled “Rethinking Domain Name Disputes Resolution in the Era of newgTLDs”.

Summary of the presentation. − Fifteen years after the UDRP was adopted, there has been an unprecedented increase of domain names resources. ICANN is in the process of liberalizing the creation of new top-level domains. Furthermore, new technologies now allow the registration of internationalized domain names (IDNs). Resources will soon be almost endless and extremely varied (new TLDs + IDNs + IPV6). At the same time, one can question the effectiveness of the UDRP in achieving its goal: fighting cybersquatting. Indeed, in 70% of WIPO cases, disputed domain names are transferred to the claimant. An analysis of the UDRP case law and similar rules shows that the whole system has already evolved, thanks to the UDRP panelists (consolidation, re-filing, etc.) and the ccTLDs registries (mediation, appeal, reimbursement of legal fees, arbitration, etc.). However, good ideas are scattered like pieces of a puzzle. The whole system could be improved by i) giving Lady Justice the sword she is missing in domain names dispute resolution proceedings and ii) gathering all the good ideas together.

Some of the arguments shared in this presentation are available in the following article: Emmanuel GILLET, “Procédures extrajudiciaires de règlement des litiges relatifs aux noms de domaine : quelles perspectives pour l’arbitrage ?”, Versailles International Business Law Review, 2013, No. 4, pp. 145-168.


Emmanuel Gillet, Ph.D. in Law


 

Published by emmanuelgillet

Qualified for the Paris bar (not registered). I am a consultant for IP Twins (Paris and Hong Kong, IPTwins.com). IP Twins is a French company founded by a French and EU TM Attorney and staffed by IP lawyers, that has developed a strong and significant experience in online brand protection since 2002. IP Twins is also an ICANN accredited registrar managing corporate domain names portfolios. Before joining IP Twins, I have held an academic position at the Hong Kong Polytechnic University. Previously, I had participated to an awareness campaign against counterfeiting in Hong Kong as a researcher within the European Union Academic Programme Before joining the academic world, I had worked for nine years as an in-house counsel for a French domain name registrar. I conducted my Ph.D. thesis on ADR and IP (Université de Grenoble). I hold master degrees in IP/IT (Master Créations Immatrielles, Université Montpellier I) and ADR (Master Arbitrage et Commerce International, Université de Versailles). I have developed an expertise in the fields of litigation and ADR (including arbitration), topics on which I regularly provide articles and speak at conferences.