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Guide to WIPO's Services for Country Code Top-Level Domain Registries

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Guide to WIPO's Services for Country Code Top-Level Domain Registries Guide to WIPO’s services for country code top-level domain registries Domain name registrations across country code top-level domains (“ccTLDs”) serve as important local business identifiers. Their number continues to increase over time. When trademark-related disputes arise, ccTLD registry operators often prefer to outsource case administration to WIPO – at no cost – for neutral and independent decision-making. Guide to WIPO’s services for country code top-level domain registries This guide presents ccTLD registry operators and national authorities with information on how to resolve third-party domain name disputes in a cost- and time-saving manner. The guide explains the main policy design features of a successful Alternative Dispute Resolution (ADR) system. It also provides information on the WIPO-created Uniform Domain Name Dispute Resolution Policy (UDRP) and the possibility to tailor the UDRP for specific ccTLD requirements. 3 Guide to WIPO’s services for country code top-level domain registries WIPO can assist ccTLDs in a number of ways There are a variety of national, economic, cultural, and linguistic considerations that are important for the ccTLD community. To curb the abusive registration of domain names that conflict with intellectual property (IP) rights, and in particular to resolve disputes between third parties, WIPO’s ccTLD Program can assist ccTLDs in the following ways: Advice on Advice on Tailoring and registration new dispute updating terms and resolution existing dispute conditions policies resolution policies Free email or Case administration phone “help line” of IP-related domain and operational name disputes at no assistance cost to the ccTLD 4 Guide to WIPO’s services for country code top-level domain registries Why choose WIPO as a dispute resolution provider? • Outsources IP-related domain • Benefits from WIPO’s international name disputes between case experience third parties • Benefits from WIPO’s diverse • Reduces a need for the language capacity ccTLD to devote resources to • Accesses WIPO’s free online case administration filing resources • Reduces burdens on • Leverages WIPO’s list of hundreds national courts of specialized experts from a range • Leverages WIPO’s expertise as of ccTLD nationalities the creator of the UDRP as the • Takes advantage of flexible legal international model and policy design experience. • Uses WIPO’s independence and neutrality as a specialized agency of the United Nations 5 Guide to WIPO’s services for country code top-level domain registries WIPO’s ccTLD Program Since the introduction of WIPO’s ccTLD Program in the year 2000, WIPO has provided ADR policy advice and related WIPO is able case administration services to many ccTLDs from around to partner with the world. interested ccTLDs WIPO helps ccTLDs to adopt either through a dispute resolution policies that adapt the international UDRP simple exchange model to local ccTLD needs of emails or, on while meeting international standards of IP protection. request, with a formal The effectiveness of ADR Memorandum of for resolving disputes Understanding. concerning domain name registrations is reflected in the number of ccTLDs that have already adopted the UDRP or a variation for their national domains. WIPO offers dispute resolution services to over 75 ccTLDs, and since the inception of WIPO’s ccTLD program has administered over 5,000 ccTLD cases. 6 Guide to WIPO’s services for country code top-level domain registries WIPO’s global domain name dispute resolution services Based in Geneva, Switzerland, the World Intellectual Property Organization (WIPO) Arbitration WIPO is the global and Mediation Center provides a range of ADR options for the leader in domain resolution of IP disputes. name dispute In the specific area of Internet resolution services, domain names, WIPO has been extensively involved in both for international establishing policies for the domains (generic protection of IP in the Domain Name System (DNS) for over Top-Level Domains or two decades. “gTLDs”) and national The leading example of this is (or territorial) domains, the UDRP, created by WIPO and adopted by ICANN (the Internet often referred to Corporation for Assigned Names and Numbers) in 1999. as ccTLDs. 7 Guide to WIPO’s services for country code top-level domain registries WIPO and the UDRP The UDRP covers disputes filed WIPO Panelists appointed by trademark owners concerning to a UDRP case – neutral, infringing domain names. The independent, and external UDRP applies to all gTLDs (such experts – decide whether to as .com, .info, .net, .org) and new transfer the domain name to gTLDs (such as .app, .site, .在线). the complainant based on the following criteria: The UDRP itself, or a tailored variation, also applies to many i. the domain name is identical ccTLDs that have adopted it on a or confusingly similar to the voluntary basis. trademark at issue, and ii. the registrant has no rights Since WIPO began offering or legitimate interests in the domain name dispute resolution domain name, and services in late 1999, it has iii. the domain name has been processed over 45,000 cases, registered and is being used filed by trademark owners from in bad faith. over 100 countries around the world. Total number of WIPO domain name cases by year 4,000 3,500 3,000 2,500 2,000 1,500 1,000 500 0 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 8 Guide to WIPO’s services for country code top-level domain registries WIPO’s UDRP filing resources To assist their enforcement research Jurisprudential Overview and case preparation, trademark wipo.int/amc/en/domains/search/ owners frequently use WIPO’s online overview3.0 filing resources, available online and at no cost to parties. Legal Index wipo.int/amc/en/domains/search/ legalindex Prior case search wipo.int/amc/en/domains/search Model case pleadings wipo.int/amc/en/domains/complainant wipo.int/amc/en/domains/respondent UDRP training workshops wipo.int/amc/en/events/ workshops/2018/domainname Domain name case statistics wipo.int/amc/en/domains/statistics Customer service email [email protected] More on WIPO Domain Name Dispute Resolution: wipo.int/amc/en/domains 9 Guide to WIPO’s services for country code top-level domain registries Why consider adopting the UDRP rather than a tailored ccTLD-specific variation? • Wide recognition by trademark paperless pleadings owners around the globe • Prevents “cyberflight” or • Global jurisdiction forum shopping and enforceability • “Appeals” to court still possible • Time and cost efficiency • Narrowly focused scope, limited to • Predictable body of case law globally-recognized trademark law • Contractual simplicity through • Parties can consolidate gTLD and the mandatory applicability in ccTLD domains in a single UDRP registration terms and conditions complaint to save costs. • Direct decision implementation by registrars or ccTLD registry operators themselves • Environmentally-friendly 10 Guide to WIPO’s services for country code top-level domain registries Why consider UDRP variations? Some ccTLDs prefer to tailor the WIPO can help ccTLDs accommodate UDRP to meet local circumstances these individual circumstances by (e.g., national economic, legal, or adjusting the UDRP model in a number language considerations). of ways, such as: • Type of rights to be covered (trademarks plus certain other nationally-protected identifiers) • Language (typically English and the national language) • Panelists (international, or only national) • Appeals (limited to national courts) “The successful update of the .MX rules to utilize 100% electronic proceedings draws on the experience of the WIPO Center and illustrates our good collaboration. This update is beneficial not only for the parties involved but also for the environment.” NIC-Mexico The .MX Registry 11 Guide to WIPO’s services for country code top-level domain registries ccTLDs adopting the UDRP .nl .pm .ie .pr .fr .vg .ch .do .bm .ag .es .bs .ai .mx .lc .li .ve .gd .ma .pa .sl .gt .co .bz .hn .cr .ec .tt .ac .br .wf .tv .ws .pe .bo .sh .nu .as .pn .py 12 Guide to WIPO’s services for country code top-level domain registries ccTLDs adopting UDRP variations .pl .se .ua .eu .md .ro .me .ge .tm .cn .cy .tj .ir .在线 .pk .mp .ae .dj .ph .so .fm .ki pw. .امارات .nr .ug .la .cd .tz .sc .qa .io .fj .ao cc. .قطر mw. .re .au .yt .tf 13 Guide to WIPO’s services for country code top-level domain registries WIPO’s ccTLD web pages A reference tool for case parties and other interested stakeholders, WIPO’s ccTLD resource pages include easy-to-use comparison tables highlighting the differences between each specific ccTLD’s dispute resolution policy and the UDRP. This information can help parties to decide whether and how to file a case. For the over 75 WIPO-serviced ccTLDs, WIPO’s ccTLD web pages provide information on: • Registration conditions (e.g., eligibility criteria) • WhoIs search tools • Dispute resolution policy and procedural rules • Model case pleadings • Prior decision search • Supported local language characters. 14 Guide to WIPO’s services for country code top-level domain registries 15 Guide to WIPO’s services for country code top-level domain registries Top 10 WIPO ccTLDs in 2018 by number of cases 70 60 50 40 30 20 10 .NL .SE .ES .MX .AU .EU .CO .IR .CC .CH 0 (Spain) (Sweden) (Mexico) .ES (Australia) (Colombia) .MX (Netherlands) .SE .AU (Switzerland) .CO (Cocos Islands) .NL (European Union) .CH .CC .EU (Islamic Republic of Iran) .IR 16 Guide to WIPO’s services for country code top-level domain registries WIPO has a proven track-record of successful partnerships with ccTLDs from around the world “The UDRP is the only affordable and effective remedy open to brand owners for tackling cross-jurisdictional abusive domain registration. Across over 45,000 cases featuring more than 82,000 domain names, WIPO has demonstrated consistency, fairness and transparency.
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