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World Intellectual Property Organization and Internet Commerce Association Prepare Joint UDRP Reform Proposals

ICANN is preparing to make changes to the Uniform Domain-Name Dispute-Resolution Policy (UDRP). The corresponding draft is expected to be prepared by the Generic Names Supporting Organization (GNSO) next year. In the meantime, two organizations representing the main parties in domain disputes have joined the work. These are the World Intellectual Property Organization (WIPO), whose arbitration makes decisions under the UDRP, and the Internet Commerce Association (ICA), which represents the interests of domain investors. 
According to Domain Incite, the coordinators of the working group are Brian Beckham from WIPO and Zak Muscovitch from the ICA. The working group also includes experts from all interested parties. Thus, ICANN is represented by Board member Sarah Deutsch, and the copyright holders are represented by Mette Andersen from Lego, which has extensive experience in using UDRP to combat cybersquatters who violate its copyrights.

Thus, the composition of the working group looks quite representative, and although it is not an official ICANN structure, there is every reason to believe that the corporation will pay close attention to its recommendations. The stated goal of the work is to support the UDRP as an effective and predictable mechanism for out-of-court resolution of domain disputes related to intellectual property issues. Apparently, we should not expect revolutionary changes in the UDRP policy: WIPO representatives have already emphasized that any changes should be thoroughly substantiated, and not rely on isolated “anecdotal” cases of errors in the application of the policy. Most media outlets commenting on this news agree with them: they agree that, in general, the UDRP is a fairly reliable and effective tool.

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