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Ram Subramanian
WIPO Arbitration and mediation Center provides time and cost-efficient mechanisms to resolve internet domain name disputes. This service includes the wipo initiated ๐๐ฏ๐ช๐ง๐ฐ๐ณ๐ฎ ๐๐ฐ๐ฎ๐ข๐ช๐ฏ ๐๐ข๐ฎ๐ฆ ๐๐ช๐ด๐ฑ๐ถ๐ต๐ฆ ๐๐ฆ๐ด๐ฐ๐ญ๐ถ๐ต๐ช๐ฐ๐ฏ ๐๐ฐ๐ญ๐ช๐ค๐บ (๐๐๐๐), under which the WIPO Center has processed over 57,000 cases.
The Centerโs services include administering second-level domain name disputes for generic Top-Level Domains (gTLDs) to which the UDRP applies. The Center is the leading provider of dispute resolution services under the WIPO-initiated, ICANN (๐๐ฏ๐ต๐ฆ๐ณ๐ฏ๐ฆ๐ต ๐๐ฐ๐ณ๐ฑ๐ฐ๐ณ๐ข๐ต๐ช๐ฐ๐ฏ ๐ง๐ฐ๐ณ ๐๐ด๐ด๐ช๐จ๐ฏ๐ฆ๐ฅ ๐๐ข๐ฎ๐ฆ๐ด ๐ข๐ฏ๐ฅ ๐๐ถ๐ฎ๐ฃ๐ฆ๐ณ๐ด)
Which Policy is Applicable to My Dispute?
๐The Uniform Domain Name Dispute Resolution Policy – UDRP is applicable to second-level domain name registrations in the following gTLDs: .aero, .asia, .biz, .cat, .com, .coop, .info, .jobs, .mobi, .museum, .name, .net, .org, .pro, .tel and travel. The UDRP also applies to all New generic Top-Level Domains- gTLDs.
๐Policies and procedures other than the UDRP may also be applicable to some of the above-mentioned gTLDs. For example, there are two dispute resolution policies potentially applicable to second-level domain name registrations within the .name space, one being the UDRP and the other the Eligibility Requirements Dispute Resolution Policy (ERDRP).
๐Some registries have also put in place Rights Protection Mechanisms (RPMs) such as a โsunriseโ procedure during their pre-launch phase by which rights holders may defensively register or object to the registration of domain names in certain circumstances.
Registry-Specific Policies and Procedures
Information regarding specific generic Top-Level Domains -gTLD registries, and policies and procedures applicable to domain name registrations within each corresponding domain space follows.
.aero
.asia
.biz
.cat
.coop
.jobs
.museum
.name
.pro
.travel
WIPO Activities Related to New gTLDs
Following ICANNโs announcement of plans to broadly expand the present number of gTLDs, WIPO has been collaborating with ICANN constituents in seeking to ensure that intellectual property, and in particular trademark law, is appropriately respected in the event the introduction of New gTLDs proceeds as envisioned by internet Corporation for Assigned Names and Numbers – icann.
This collaboration has inter alia taken the form of WIPOโs policy input to ICANN including proposals and further input on trademark-based dispute resolution procedures which aim to respect trademark rights while striking a balance with the practical interests and legitimate expectations of the Domain Name System actors.
An arbitral award rendered by WIPO is attached for reference.
#arbitration #intellectualproperty
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