Since its implementation 25 years ago, the Uniform Domain Name Dispute Resolution Policy (UDRP) has resolved tens of thousands of cases, consolidating its position as a highly successful and reliable dispute resolution mechanism. This was the conclusion shared by Wilson Pinheiro Jabur and Deputy Director Fernanda Beser, both Directors of ABPI’s Domain Name Dispute Resolution Chamber (CASD-ND) of the ABPI Intellectual Property Dispute Resolution Center (CSD-ABPI). The two participated in the webinar “25 Years of UDRP – New Trends in Domain Names,” held on the 8th of this month, with moderation by Manoel J. Pereira dos Santos, President of the CSD-ABPI.
According to the speakers, the credibility and effectiveness of the UDRP are key factors behind the consistent increase in dispute filings. Data from the World Intellectual Property Organization (WIPO) shows that the number of cases now exceeds 6,000 annually and continues to grow. “The system has proven to be highly reliable. One of the major efforts, particularly led by WIPO, has been to maintain an evolving yet coherent body of case law, ensuring predictability in decisions,” noted Jabur. “Several factors explain the growth in disputes, but the fact that the UDRP is an effective solution—providing fast, straightforward, and reliable resolution—is certainly one of them,” added Fernanda.
Looking ahead, the speakers highlighted new challenges stemming from the expansion rounds of generic top-level domains (gTLDs) promoted by ICANN (Internet Corporation for Assigned Names and Numbers), the emergence of blockchain-based domain registrations, and the increasing use of generative artificial intelligence tools, which may impact how evidence is analyzed in dispute proceedings.
The webinar also included a brief retrospective on the development of the UDRP system, its evolution, case law, impacts, and emerging trends in the domain name registration and dispute resolution landscape.
Additionally, the speakers discussed the findings of the Initial Report on the UDRP Review Project, jointly led by WIPO’s Arbitration and Mediation Center and the Internet Commerce Association (ICA). The report outlines consensus points and areas of disagreement. Notable consensus items include:
. No imposition of costs on the losing party.
. Setting deadlines for payment of additional fees.
. Rules for complaint withdrawals.
. Disclosure of dissenting panelists in multi-member decisions.
Another consensus proposal is the adoption of an ICANN-funded subsidy system for the UDRP, financed through increases in domain registration fees. These funds would be allocated to educational initiatives and to subsidize access for economically disadvantaged parties.
Points that remain under discussion include the possible creation of an appeals mechanism, the introduction of expedited or summary proceedings, and whether definitive cancellation procedures should be implemented.
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