The World Intellectual Property Organization (WIPO) and the Internet Commerce Association (ICA) jointly released a 28-page draft interim report outlining proposed reforms to the Uniform Domain Name Dispute Resolution Policy (UDRP). Originally established by ICANN in 1999, the UDRP has served as a key mechanism for resolving domain name disputes outside of court, particularly in clear trademark conflicts. Despite minor updates over the years, the core legal structure of the UDRP has remained largely unchanged for over two decades.
The reform initiative, led by Brian Beckham (WIPO) and Zak Muscovitch (ICA), aims to maintain the UDRP as an efficient and predictable framework while addressing potential areas for improvement. Proposals in the report are categorized into two types: those with “Unanimous Support” and those where “Consensus is Achievable with Further Exploration.”
Among the unanimously supported positions is the rejection of a “Loser Pays” model — similar to legal fee arrangements under German law — due to concerns it might discourage legitimate defenses for fear of financial burden. Instead, the report advocates for clearer payment deadlines, especially in cases where proceedings are escalated to a three-member panel, which incurs additional fees.
The report also highlights opportunities to improve registrar participation. Suggestions include creating a UDRP-focused FAQ and organizing a “UDRP Bootcamp” to better inform registrars about their responsibilities in dispute procedures, such as domain suspensions or transfers. Another issue raised is how to handle complaint withdrawals — specifically whether the respondent must consent to enable a substantive decision on the matter.
Proposals that were clearly rejected include mandatory mediation, which was viewed as potentially adding time and cost without guaranteed benefits. Similarly, introducing statutes of limitation or negligence standards was dismissed, with the panel arguing that such elements are already effectively considered under the existing “bad faith” criteria.
The report also touched on the question of public disclosure of party names, recommending instead that UDRP panels follow flexible “best practices” for redacting sensitive information.
The draft is now open for public comment until June 27, 2025. After that, it will be submitted to the Generic Names Supporting Organization (GNSO) for evaluation. If endorsed, ICANN may implement the recommendations in whole or in part. No official timeline has been announced for final decisions or changes.
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