WIPO Launches Paperless Domain Name UDRP Proceedings

Posted in: Domain Names at 13/12/2009 16:49

[news release] From Monday, December 14, 2009, the WIPO Arbitration and Mediation Center will launch essentially paperless UDRP procedures. This removes the requirement for mandatory filing and notification of paper pleadings in WIPO cases filed under the Uniform Domain Name Dispute Resolution Policy (UDRP).

This latest development of the UDRP is expected to substantially improve the efficiency of the mechanism by reducing the time and cost involved in submitting WIPO UDRP filings and to save up to one million pages of paper filed per year making it a greener and largely paperless procedure. While this leaner, more efficient procedure will become mandatory from March 1, 2010, ICANN in an announcement dated December 7, 2009, has signaled that UDRP providers may begin accepting electronic filings with immediate effect as long parties also have the option of submitting hard copies.

The modified Rules arose from a WIPO Center proposal made to ICANN in December 2008. Following an ICANN public comment process on the proposal in August 2009 which reflected broad support from UDRP stakeholders, an amendment package was submitted by WIPO to ICANN in September 2009. These modifications to the Rules governing the UDRP were approved by the ICANN Boardat its Seoul meeting on October 30, 2009 with an implementation process subsequently announced by ICANN on December 7, 2009.

In line with ICANN's announcement the WIPO Center will, from Monday December 14, 2009, allow all parties in UDRP cases administered by WIPO to submit electronic-only filings, using email. Those parties who elect to do so may be further guided by the modified WIPO Supplemental Rules, which have been slightly revised for this specific purpose (as pre-published with the WIPO amendment package sent to ICANN in September 2009).

The modified WIPO Supplemental Rules contain guidance on formatting modalities for electronic-only filing of UDRP cases. Parties who do not yet wish to use the new paperless option remain guided by the existing WIPO Supplemental Rules; such parties may continue to file in hard copy until February 28, 2010. The newly modified UDRP Rules continue to contain safeguards to ensure fair and effective notification of the complaint to the respondent.

Additional information about the new procedure, including modified filing guidelines, model pleadings for both parties and FAQs will be available on the website of the WIPO Center.

This WIPO news release was sourced from:
www.wipo.int/pressroom/en/articles/2009/article_0057.html

Also see:

New UDRP Rules - Implementation Process and Paperless Filing at WIPO: What You Need To Know [news release]

On October 30, 2009, the Internet Corporation for Assigned Names and Numbers (ICANN) Board approved WIPO's proposal to amend the Rules for Uniform Domain Name Dispute Resolution Policy (Rules) to allow for electronic-only filing of pleadings under the Uniform Domain Name Dispute Resolution Policy (UDRP).

On December 7, 2009, ICANN announced a phased implementation procedure for the modified Rules.

The modified Rules become mandatory on March 1, 2010, and prior to that, provision is made for the optional filing of UDRP pleadings in electronic-format by email and notification in accordance with the new Written Notice provisions in the modified Rules. The WIPO Center will be inviting such filings and commencing use of the Written Notice provisions as of December 14, 2009. Parties who elect not to make use of this new WIPO facility may continue to file pleadings in hard copy up until February 28, 2010.

The modified version of the Rules, along with the WIPO Center's new WIPO Supplemental Rules for Uniform Domain Name Dispute Resolution Policy (Supplemental Rules), and the leaner filing and notification facility offered by WIPO during the transition phase, includes procedural modification of benefit to both Parties to a WIPO UDRP proceeding. These are expected to include time and cost saving for both Parties in preparing and submitting pleadings, and continuing safeguards for fair notice of the dispute to Respondents (including WIPO's obligation as a UDRP Provider to send the Respondent the full Complaint including all annexes by email on Notification of the proceedings, along with sending Written Notice of the dispute to the Respondent's available postal information, and also by fax).

Below are answers to some frequently asked questions regarding these changes and what they may mean for Parties filing UDRP pleadings with the WIPO Center.

Should you need additional procedural information, please do not hesitate to write to or contact the WIPO Center directly at arbiter.mail@wipo.int or by phone at +41 22 338 8247.

Can I file my UDRP Complaint or Response including all annexes with WIPO solely in electronic format?

Yes. As of December 14, 2009, you will be able to file your Complaint or Response (including all applicable annexes) in electronic format only. This can be done by simply submitting to the WIPO Center at domain.disputes@wipo.int. Relevant guidance on format modalities can be found in the modified WIPO Supplemental Rules at Annex E. As of March 1, 2010, you will be required to file all pleadings in electronic format only, in accordance with the modified Rules.

Can I still file a UDRP Complaint or Response with WIPO in hard copy?

Yes, until February 28, 2009. The WIPO Center will continue to allow Parties to file hard copy pleadings until February 28, 2010, as provided for in the ICANN announcement.

Does filing my UDRP Complaint or Response in electronic format with WIPO mean that I no longer have to ship multiple sets of hard copies?

Yes. The modified Rules remove the requirement for paper pleadings, and from December 14, 2009, either Party to a WIPO UDRP proceeding may elect to file their Complaint or Response (as well as any other substantive documents which may be required in accordance with paragraph 12 of the Rules) in electronic-only format (e.g. - by email).

Will I have to file my WIPO UDRP Complaint or Response in electronic format from March 1, 2010?

Yes. From March 1, 2010, the modified Rules and modified WIPO Supplemental Rules become mandatory, and all WIPO UDRP proceedings will need to be filed and administered under the modified Rules from that date. This means that Complaints and Responses filed with WIPO on or after March 1, 2010 will need to be submitted electronically including all annexes. The relevant file format and size guidelines for the filing of electronic pleadings and annexes can be found in Annex E to the modified WIPO Supplemental Rules.

What is the (recommended) file size for one email communications according to the modified WIPO Supplemental Rules?

10 MB. Other than by prior arrangement with the WIPO Center, the size of any email communication (including attachments) transmitted to the WPO Center in connection with any UDRP proceeding should be no larger than 10 MB (ten megabytes). When larger amounts of data need to be transmitted the files can be "split" across more than one email communication.

What is the (recommended) size modality for individual files?

10 MB. Other than by prior arrangement with the WIPO Center, the size of any individual file (such as a document in Word, PDF or Excel format) transmitted to the WIPO Center in connection with any UDRP proceeding should itself be no larger than 10 MB (ten megabytes). When larger amounts of data need to be transmitted, larger files can be "split" into a number of separate files or documents each no larger than 10 MB.

What is the (recommended) total file size modality in UDRP cases?

10 MB. The total size of one pleading (including any annexes) filed in relation to a UDRP dispute should not exceed 50 MB (fifty megabytes), other than in exceptional circumstances (including in the case of pleadings concerning a large number of disputed domain names) where previously arranged with the WIPO Center.

I have been named as a Respondent in a WIPO UDRP proceeding being administered under the new facility - does that mean that I will receive full copies of the Complaint filed under the modified Rules more quickly?

Yes, it should. The WIPO Center will send electronic copies by email of Complaints along with complete sets of annexes to Respondents in all cases upon the formal Notification of Complaint and Commencement of Administrative Proceedings. This should enable Respondents to begin the preparation of their Response immediately, as they will have access to all of the relevant pleadings on the day of formal notification.

Will I, as a Respondent, receive notice of the WIPO UDRP proceeding to my physical address?

Yes . The WIPO Center will also send, in accordance with paragraph 2(a)(i) of the modified Rules, Written Notice of the Complaint filed with WIPO to available physical addresses for the Respondent, including those provided in the publicly-available WhoIs records, directly by the Respondent, and/or by Complainant in its Complaint.

Can I as a Respondent provide an additional email address to which I want the Complaint filed with WIPO and annexes to be sent?

Yes. The Written Notice document will provide the Respondent with procedural guidance on how to file its Response, and will invite the Respondent to provide the WIPO Center with any additional email addresses (if any) to which the Respondent would like a copy of the complete Complaint to be sent.

This WIPO announcement was sourced from:
wipo.int/amc/en/domains/rules/eudrp/

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