WIPO report on domain names and IPRs


At the request of ICANN, WIPO has prepared and published a report on the protection of intellectual property rights in the registration of domain names ....

WIPO notes that the UDRP is working as an effective and cheap curative mechanism: in 2003 and 2004 approx 86% of complaints resulted in transfers to the complainant - there were just under 900 complaints each of those years. WIPO attributes this to better decision-making leading to greater predictability of outcomes.

Based on the experience with both open and closed TLDs since the UDRP was adopted (eg, .biz, .pro), WIPO concludes that there is a need for preventative measures, not just curative measures, particularly when new, open gTLDs are being authorised.

WIPO recommends that ICANN adopt a policy that requires all new gTLDs (generic top level domains like .com, .this and .that) to adopt a standard policy on protection of IPRs. The policy would require the new gTLDs to allow IP owners to register their protected identifiers as domain names before registration was opened to the general public. Where the gTLD had restricted entry and the IP owner did not qualify (like .travel and, and and?), the IP owner should be allowed to make a defensive registration first.

You can find the press release here and the report in full here.

Posted: Friday - 03 June, 2005 at 10:04 AM         |


© 2004-2005-2006 All rights reserved