All I wish for ....

Review all Rights Protection Mechanisms (RPMs)

The 20 years history of the UDRP (Uniform Domain Name Dispute Resolution Policy) can be considered quite a success as WIPO (World Intellectual Property Organization) has registered more than 50.000 cases[1] since the introduction of the Policy. Since there is no decrease in cybersquatting cases, the UDRP (and RPMs) is still the most important enforcement tool for brand owners when it comes to domain name infringements. Not even the WHOIS[2] related changes enforced by the GDPR[3] rules in 2018 had an impact on the effectiveness of the Policy: it is a time- and cost-effective remedy against abusive domain registrations.

In 2016, the ICANN initiated the Policy Development Process (PDP) to Review All Rights Protection Mechanisms (RPMs) in all gTLDs. Phase 1 of the Review (regarding RPMs related to the New gTLD Program) has been concluded recently and Phase 2 will focus on the review of UDRP.

The PDP working group welcomes interested parties (brand owners, professionals) to share their experiences and feedback on the RPMs. We encourage all brand owners to use this possibility to share their views and ideas on UDRP. Issues may e.g. include: mediation, changes in fees, injunctive relief, introducing “loser pays” obligations etc.

Valea has represented clients in UDRP proceedings for many years and therefore has extensive experience in the challenges and advantages of it. We will follow closely the development of this discussion and raise issues we consider beneficial for brand owners.

Feel free to reach out if you have questions or suggestions regarding the review of UDRP or any online brand protection issues. Check out our flexible but complete brand protection solution here: https://www.valea.eu/en/our-services/complete-brand-protection

 

[1] https://www.wipo.int/pressroom/en/articles/2020/article_0026.html

[2] Protocol for the database which contains recorded users and owners of domain names

[3] General Data Protection Regulation (EU) 2016/679

 

// Eszter Kurtan