WIPO Advanced Workshop on Domain Name Dispute Resolution: Overview of Precedent and Practice

WIPO logoThe WIPO Arbitration and Mediation Centre is holding a workshop that will focus on the numerous developments in relation to UDRP decision precedent and process, including the 2011-launched WIPO Overview of WIPO Panel Views on Selected UDRP Questions at WIPO’s headquarters in Geneva, Switzerland on Tuesday and Wednesday, 11 and 12 October, 2011.

WIPO has expressed fears the new generic top-level domain (gTLD) process will lead to a dramatic increase in domain name disputes, and while this seminar will no doubt be an avenue for WIPO to reinforce their fears as well as the UDRP developments.

Through various presentations and exercises, participants in the Workshop will receive information on, inter alia:

  • the WIPO Centre’s domain name dispute resolution services
  • the legal framework of the UDRP
  • with focus on the WIPO Overview 2.0, the trends of UDRP decisions on the most important substantive and procedural issues
  • emerging challenges and procedural developments
  • developments in the Domain Name System more generally, including future dispute options.

Using the WIPO Overview 2.0 as principal guide, the instructors will introduce selected topics and discuss these with the participants on the basis of UDRP case scenarios. Examples include Geographical Scope and Timing of Trademark, Unregistered Trademark Rights, Personal Names / Geographical Terms, Licensee Rights, Rights Among Corporate Entities, Content of Website, Gripe Sites, Internationalised Domain Names, Disclaimed or Design Elements in Trademarks, Privacy and other Registrar issues, Parking and Landing Pages, Wilful Blindness, the Conjunctive Requirements, the Role of Precedent, Laches, Consolidation and Reverse Domain Name Hijacking.

The UDRP provides holders of trademark rights with an administrative mechanism for the efficient resolution of disputes arising out of the bad-faith registration and use by third parties of Internet domain names corresponding to those trademark rights.

WIPO is internationally recognised as the leading institution in the resolution of Internet domain name disputes. Since December 1999, the WIPO Centre has administered over 36,000 proceedings, of which over 20,000 under the WIPO-initiated Uniform Domain Name Dispute Resolution Policy (UDRP) adopted by ICANN. The UDRP applies to disputes in gTLDs, as well as an increasing number of country code top-level domains (ccTLDs).

Presentations will be given by David H. Bernstein from Debevoise & Plimpton in New York and Tony Willoughby from Rouse Legal in London.

There will also be breakouts led by Luca Barbero (Studio Barbero, Torino, Italy), Scott M. Donahey (Arbitrator and Mediator, Palo Alto, USA), Matthew Harris (Waterfront Partnership Solicitors, London), Richard Lyonm (Spencer Crain Cubbage Healy & McNamara, Dallas, USA), Bill Towns (Novak Druce & Quigg LLP, Houston, USA) and Wolter Wefers Bettink (Houthoff Buruma, Amsterdam).

Registration costs 1,400 Swiss francs and participation will be limited to 50 people. For more information see www.wipo.int/amc/en/events/workshops/2011/domainname.