Informal UDRP Review Underway Ahead of Potential ICANN Policy Review
The Internet Commerce Association (ICA) and the World Intellectual Property Organization (WIPO) have initiated an informal review of the Uniform Domain-Name Dispute-Resolution Policy (UDRP), in anticipation of a formal review by ICANN next year. This review is being led by Brian Beckham from WIPO and Zak Muscovitch from the ICA, and includes a group of 16 participants, primarily UDRP lawyers, panelists, and WIPO representatives.
ICANN is represented by director Sarah Deutsch, with domain investors represented by Nat Cohen of Telepathy, and brand owners by Mette Andersen of Lego, a frequent UDRP complainant. The team is supported by a diverse array of industry experts, covering registrars, domainers, intellectual property interests, and UDRP providers.
This informal review mirrors the composition of a typical ICANN policy working group but is being conducted outside the usual policy development process. WIPO has stated that the review’s main objective is to ensure the UDRP remains an effective and predictable mechanism for resolving trademark-based disputes without court involvement.
WIPO has also signaled that significant changes to the UDRP are unlikely unless there is clear evidence of a compelling need. The organization emphasized that any issues that are specific or anecdotal do not justify a complete overhaul of what is considered a well-functioning system.
The group is expected to release a report for public input early next year, with a final report to follow. After this, ICANN’s Generic Names Supporting Organization (GNSO) is expected to launch its formal Policy Development Process (PDP) to evaluate the UDRP.
UDRP review discussions have been delayed for several years, primarily due to ICANN’s workload and the demands on community volunteers. Although the GNSO had initially planned to start its PDP preparations soon, the Council is expected to vote on Thursday to delay the project by six months to accommodate other rights protection mechanism reviews.
Given the complexity of PDPs, any changes to the UDRP are unlikely to be finalized for at least three years.
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