The Judiciarys Law Journal

The Judiciarys Law Journal

Ways to resolve disputes over domain name and trademark (Focusing on Uniform Domain Name Dispute Resolution Policy - UDRP)

Document Type : Research/Original/Regular Article

Authors
PhD student in private law, Kish International Campus, Tehran University, Kish, Iran
Abstract
As the emergence of the internet has brought a lot in all scientific and practical positive aspects, ‎with the possibility ‎of accessing intellectual property rights, it has created challenges in this ‎field. One of the common examples of ‎violation of these rights has been the phenomena of ‎cybersquatting, which the authors of this article should know by ‎examining the methods and ‎has raised the central question of legal ways to resolve the dispute caused by that. In ‎the ‎present research, first by descriptive method, the concepts of trademark, domain name, and ‎cybersquatting have ‎been defined. Then, with a method of analysis and comparison, the ‎process of hearing this category of claims in the ‎WIPO Mediation and Arbitration Center ‎with references to the Uniform Domain Name Dispute Resolution Policy ‎‎(icon), it has been ‎examined and compared with the existing methods in some national and regional law ‎systems.‎

The findings of this research will reveal while the principle of the jurisdiction of the courts is universal, and there is ‎no doubt about the possibility of litigation in the national judiciary, still, the disadvantages of such a method, such as ‎the choice of the competent authority, the rule of law, and the execution of verdicts, have always led the parties to the ‎arbitration. In this regard, the UDRP rules contain rules for dealing with such claims that many countries have tried ‎to settle disputes arising out of the registration of a domain that is contrary to the rights of the trademark owner by ‎localizing its rules; The United Kingdom, Australia, and ASEAN members, among others, have different approaches. ‎
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Volume 87, Issue 121
Winter 2023
Pages 47-67

  • Receive Date 16 March 2022
  • Revise Date 11 July 2022
  • Accept Date 03 July 2022
  • First Publish Date 06 September 2022
  • Publish Date 21 March 2023