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WEEKLY NEWS - MARCH 16, 2009
This article is part of the beta trial for Managing Internet IP. More information here.

Brand owners win big in UDRP cases

James Nurton, London

Complainants won 85% of contested domain name disputes before WIPO’s Arbitration and Mediation Center last year, according to data released today

In its review of the Uniform Domain Names Dispute Resolution Policy (UDRP) disputes, the Center revealed that the number of complaints increased by 8% to a record 2,329 in 2008.

This means that WIPO has handled more than 14,000 cases, covering more than 26,000 domain names, in the first 10 years of the UDRP.

It said that 30% of cases were settled without a panel decision. Of the others, 85% favoured the complainant and 15% of complaints were denied.

WIPO added that 79% of cases concerned the .com gTLD, while the number of disputes involving country-code (cc) TLDs increased to 13%, compared to just 1% in 2000.

WIPO now handles domain name dispute resolution for 57 ccTLDs.

Biotechnology and pharmaceuticals was the most popular industry among complainants, representing 10% of cases, followed by banking and finance, internet and IT, retail and food, beverages and restaurants.

WIPO said pharmaceutical manufacturers remained the top filers in 2008 “due to numerous permutations of protected names for web sits offering or linking to online sales of medications”.

It also said that the Center has agreed in principle to handle disputes arising from trade mark-based objections to the new gTLDs proposed by ICANN.

The Organisation has proposed a mechanism for trade mark owners to file a case against a new gTLD operator believed to be encouraging trade mark infringement.

ICANN is now considering WIPO’s eUDRP initiative, which proposes removing the requirement to submit and distribute paper copies of documents in UDRP cases and replace them with email.

Another UDRP provider, the Czech Arbitration Court, launched an online product earlier this year.



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