Revised UDRP offers immediate relief in domain name disputes

2015年09月04日 澳大利亚豪力法律服务



With effect from 31 July 2015, domain name disputes are now subject to the new Rules under the Internet Corporation for Assigned Names and Numbers (ICANN) Uniform Domain Name Dispute Resolution Policy (UDRP).

Administrative proceedings for the resolution of disputes under the UDRP are governed by the UDRP Rules and also by the Supplemental Rules of the body administering the proceedings, which is a dispute resolution service provider approved by ICANN.

The revised UDRP Rules are aimed at streamlining the processing of UDRP complaints and the ensuing proceedings.

One of the most important changes to note is that the Registrar of the domain name complained of is now required to “lock” that domain name within 2 business days of receiving the request to do so. Locking domain names prevents any changes being made by anyone to the website, or to its servers or setup, and, importantly, it prevents the domain being moved to another Registrar.

This lock is to remain in place for the entire duration of the UDRP proceeding. Further, and significantly, the lock is to be applied prior to the Registrar alerting the owner of the domain name of the complaint.

In addition, complainants no longer need to send a copy of their complaint to the owner of the domain name the subject of their complaint. Under the new Rules, the Registrar will not notify the domain name owner of the proceeding until the lock status has been applied.

The rationale here is that the domain name owner is unable to quickly transfer the domain name to another host upon being notified of the complaint, as they may have done previously, and therefore the Registrar’s lock on the domain name is anticipated to operate more effectively with this change.

Another significant change is that if domain name owners expressly request it, they are automatically granted an additional 4 days to respond to any complaints made.
Offers immediate relief in
domain name disputes
In addition to the revised UDRP Rules, these changes are also reflected in the revised National Arbitration Forum Supplemental Rules, which also apply to all UDRP proceedings in which complaints are submitted on or after 31 July 2015.

The Administrative Panel that is appointed by the service provider to make a decision concerning the dispute must provide its decision regarding the dispute to the service provider within 14 days of the Panel’s appointment under the Rules. Despite this already short timeframe for resolving domain name disputes under the UDRP, the introduction of these changes ultimately means that complainants in domain name disputes can obtain almost immediate relief through the introduction of the Registrar’s mandatory locking of the problematic domain.

This will no doubt make ICANN’s UDRP avenue significantly more attractive, particularly in cases where there has been bad faith registration of a domain name to deliberately interfere with an established business.

Author: Dan Pearce,Madeleine Stevens
Contact details
Melbourne
Dan Pearce, Partner
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Sonia Borella, Partner
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Trent Taylor, Partner
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