The Uniform Dispute Resolution Policy – Meaning of the operative facts by Dirk Schneider

Aim of this work is merely to display the nature of the UDRP and to analyse the operative facts of the sec. 4 of the policy to find out the meaning of the terms used to make the result of the proceeding under the UDRP more predictable and more comprehensible. By doing so I will spot out some weak points and uncertainties in the policy and ambiguous interpretations by the panels. Therefore after an introduction dealing with the particularities of the Policy I will analyse decided and published cases with the focus on the findings dealing with the elements of sec. 4 (a) of the UDRP. Since the WIPO is the provider with the biggest amount of decided cases per year, I will concentrate on its decisions.

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