For a quarter of a century, the UDRP (Uniform Domain Name Dispute Resolution Policy) has distinguished itself through speed, low cost, and international reach. A key tool in resolving domain name disputes, it has established itself as the standard for combating cybersquatting.
What is the UDRP?
The UDRP provides brand owners with a non-judicial, swift solution to resolve domain name disputes. Created to address abusive registrations and bad-faith exploitation, the process is administered by arbitration centers such as the World Intellectual Property Organization (WIPO).
Why Choose the UDRP?
Speed is a major advantage: a decision can be rendered just 60 days after filing a complaint, with only one exchange of pleadings. Compared to a judicial procedure, the UDRP’s costs, which include an official fee (USD 1,500 for a dispute with a single WIPO expert), remain much more affordable. Moreover, the international scope of the procedure and the specialized expertise of arbitrators ensure swift and knowledgeable handling of disputes.
Conditions for Filing a UDRP Complaint
To initiate a UDRP procedure, the domain name in question must be registered under a gTLD (e.g., .COM, .NET), new extensions such as .EMAIL or .SHOPPING, or certain national extensions. The core conditions include:
• A similarity that creates a risk of confusion with the complainant’s trademark,
• A lack of rights or legitimate interests held by the domain name holder, and
• Registration and use in bad faith.
If successful, the complaint may result in the transfer or deletion of the domain name.
WIPO’s Dominance
Several arbitration centers are competent to administer UDRP procedures. While the Czech Arbitration Court is the most prominent arbitration center within the European Union, with thousands of decisions to its credit, WIPO takes the lead, administering over 5,000 cases per year and handling UDRP disputes for over 40 national extensions. Increasingly, national extensions are adopting the UDRP, such as Cape Verde recently.
Perspectives for an Already Mature Procedure
Since 2015, calls for reforming the UDRP have increased. Some proposals include financial penalties for losing respondents or extended response deadlines. However, such measures, though appealing, risk undermining the current efficiency of the procedure.
With the entry into force of the General Data Protection Regulation (GDPR) in 2018, procedures have become longer and more complex, as complaints are often filed without knowing the respondent’s contact details. Earlier this year, we published a position paper advocating for the publication of the registration language in WHOIS domain information, which would greatly simplify the procedure.
In 2022, ICANN published a summary of comments received regarding the efficiency of this procedure (link), some of which are particularly relevant.
A Benchmark Model
The UDRP remains a benchmark model for other domain name dispute resolution systems. Although there is room for improvement, its success rests on a subtle balance between the rights of trademark owners and domain name registrants.
Practical Tip for Maximizing Success: Although quick and accessible, the UDRP remains a legal procedure that requires a solid case. Engaging an expert greatly increases the chances of success.
