среда, 24 марта 2010 г.

Brands Tackle Cyber squatters in 2009, UDRP becomes Eco-Friendly

Geneva, March 23, 2010
PR/2010/635
Demand for WIPO’s dispute resolution services, in particular relating to cyber squatting cases, continued in 2009 with trademark holders filing 2,107 complaints under procedures based on the Uniform Domain Name Dispute Resolution Policy (UDRP), which at WIPO became a paperless operation at the end of 2009. While this caseload represents a 9.5% decrease over 2008, it covers the highest number of individual domain names in a given year (4,688) since the UDRP - a quick and cost effective way of addressing allegations of cyber squatting - was launched ten years ago.
Since the UDRP’s launch in December 1999, the WIPO Arbitration and Mediation Center (the Center) has received more than 17,000 UDRP-based cases. A total of some 31,000 domain names covering both generic and country code Top Level Domains (gTLDs and ccTLDs) have been handled by WIPO.
The UDRP has become accepted as an international standard for resolving domain name disputes outside traditional courts. Proposed by WIPO in 1999, it is designed specifically to discourage and resolve the abusive registration of trademarks as domain names, commonly known as cyber squatting.
Commenting on the success of the UDRP, WIPO Director General Francis Gurry said, “The UDRP has proven to be a pioneering and globally applicable low-cost alternative to court litigation. It offers a practical solution to the abusive registration of trademarks as domain names, a very real issue where the practical effect, legal status and desired outcome are normally not confined to any particular location,” said Mr. Gurry.
“Another key element of the UDRP’s popularity is the straightforward enforcement of panel decisions, without need for further judicial intervention, although this still remains an option. The UDRP can provide inspiration for alternative self-regulation in areas of commerce and other human activity that cross jurisdictional borders,” said Mr. Gurry. He noted, in particular, the relevance of a UDRP-type approach to resolving disputes arising from a range of uses of identity on the Internet, such as on social networking sites, auction platforms and in search engines.
Parties based in 114 countries were named in WIPO cases in 2009, up 10% on the previous year, reflecting the global reach of cyber squatting and WIPO’s services. In 2009, the Inter-Continental Hotel Group filed the largest UDRP dispute on record, involving 1,542 domain names in a single WIPO case.
Cases in 2009 were handled by 310 WIPO panelists from 46 countries. Although down 2% from 2008, English remained the most common language for WIPO proceedings (84%), largely because the majority of domain names involved were registered with US-based registrars.
Cases were also processed in 13 other languages, including (in order of frequency) Spanish, French, Dutch, German, Chinese, Italian, Japanese, Korean, Swedish, Polish, Portuguese, Romanian, and Turkish. The character set of the disputed domain names themselves remained overwhelmingly ASCII (English alphabet), with a small number of domain names in Chinese, Danish, French, German, Turkish and Spanish.
The United States of America (USA), France, the United Kingdom (UK), Germany, Switzerland and Spain remained the most frequent bases for complainants through 2009. The USA, UK, China, Canada, Spain, and the Republic of Korea were cited most frequently as respondents in alleged cyber squatting cases.
Among Top Level Domains, the .com gTLD remained the solid leader in terms of the number of domain names featuring in WIPO cases (87%).
Almost 24% of all cases filed in 2009 were settled prior to a panel decision. Of the remainder, 87% of the panel decisions ordered the transfer of the domain name(s) to the complainant (or cancellation of the name), and 13% denied the complaints, leaving the names in the possession of the registration holder.
Updated WIPO Precedent Tools
In 2009, the Center further enhanced its globally-consulted WIPO Legal Index of panel decisions by adding new search categories that track developments in case jurisprudence and reflect the evolution of domain name practices. New categories include Timing of rights; Pay-per-click and other landing pages; Prior knowledge/Notice of mark; Willful blindness; Constructive notice; Knew or should have known; Registrant search obligation.
The WIPO Overview of WIPO Panel Views on Selected UDRP Questions helps to ensure the consistency of WIPO UDRP filing and jurisprudence by distilling the Center’s cases and describing panel positions on important case issues. An updated Overview of WIPO Panel Views is under preparation and is expected to be available by mid 2010.

PS. Stage of registration priority in the domain.РФ is been prolonged
The Council of Coordination centre for national domain in the network had decided to prolong the Internet stage of registration priority in the new Russia national domain.РФ till 11th of May 2010.
Shortly the Council of Coordination centre will confirm the new position about registration priority, and then the second stage of registration priority for the domain.РФ will be opened.

In and on behalf of
Mr.Samir, IPPro

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