The WIPO Domain Name Dispute Resolution System

A Manual of International Dispute Resolution (2006)

Anthony Connerty - Barrister and member of WIPO arbitration panel
Section: Part V: The Electronic Era
Permanent Link: http://vlex.com/vid/wipo-domain-name-resolution-system-445422
Id. vLex: VLEX-445422

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Summary:

1) Introduction. -2) The Policy and Rules: i) The ICANN UDRP Policy. ii) The ICANN Rules. iii) The WIPO Supplemental Rules [level 3]. -3) WIPO Decisions.

Extract:

The WIPO Domain Name Dispute Resolution System

The World Intellectual Property Organization (WIPO) has already been considered in relation to arbitration and mediation in earlier chapters of the Manual. Here, a closer look is taken at WIPO and its specialist system relating to domain names.

1) Introduction

WIPO is an international organisation "dedicated to promoting the use and protection of works of the human spirit. These works - intellectual property - are expanding the bounds of science and technology and enriching the world of the arts. Through its work, WIPO plays an important role in enhancing the quality and enjoyment of life, as well as creating real wealth for nations."

WIPO, which has its headquarters in Geneva, Switzerland, is one of the 16 specialised agencies of the United Nations. It administers 23 international treaties dealing with different aspects of intellectual property protection and has 180 nations - over 90 per cent of the world's countries - as member States.

There are more than 900 WIPO staff, who are drawn from around the world. The tasks carried out by WIPO in relation to the protection of intellectual property rights include "administering international treaties, assisting governments, organizations and the private sector, monitoring developments in the field and harmonizing and simplifying relevant rules and practices. In all that it does, the key words are relevance, efficiency, communication and international cooperation."

In the view of WIPO, there is a vital need for

"... quick and inexpensive ways of settling commercial disputes involving intellectual property rights, and providing private parties with an alternative to often lengthy and costly court proceedings. This need has increased in recent years with the growing importance of international trade. WIPO's Arbitration and Mediation Center helps to meet those needs for companies and individuals anywh...

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