World Intellectual Property Organization

WIPO Guide to the Uniform Domain Name Dispute Resolution Policy (UDRP)

This Guide addresses the most frequently asked questions about domain name dispute resolution under the Uniform Domain Name Dispute Resolution Policy (UDRP) and the administration of disputes by the WIPO Arbitration and Mediation Center under the UDRP.

Topics

A. Scope of the ICANN Uniform Domain Name Dispute Resolution Policy

B. Overview of the Administrative Procedure

C. Preparing and filing a Complaint

D. Preparing and filing a Response

E. Role of the Administrative Panel

F. The Administrative Panel Decision

G. Role of the Registrar

H. Role of the WIPO Arbitration and Mediation Center

I. Fees

J. Resource materials


Specific questions that are not addressed in the Guide may be submitted by e-mail to arbiter.mail@wipo.int. Information about domain name dispute resolution under the UDRP is also available at the Internet Corporation for Assigned Names and Numbers website (ICANN).

Note: The WIPO Arbitration and Mediation Center cannot provide legal advice concerning the merits of a particular dispute or potential dispute. Persons requiring advice as to the strength of their case or other advice not concerning purely procedural issues, should seek the advice of a lawyer. The Center does not recommend the names of lawyers.


A. Scope of the Uniform Domain Name Dispute Resolution Policy

What is the Uniform Domain Name Dispute Resolution Policy?

The Uniform Domain Name Dispute Resolution Policy (the UDRP Policy) sets out the legal framework for the resolution of disputes between a domain name registrant and a third party (i.e., a party other than the registrar) over the abusive registration and use of an Internet domain name in the generic top level domains or gTLDs (e.g., .biz, .com, .info, .mobi, .name, .net, .org), and those country code top level domains or ccTLDs that have adopted the UDRP Policy on a voluntary basis. At its meetings on August 25 and 26, 1999 in Santiago, Chile, the ICANN Board of Directors adopted the UDRP Policy, based largely on the recommendations contained in the Report of the WIPO Internet Domain Name Process, as well as comments submitted by registrars and other interested parties. All ICANN-accredited registrars that are authorized to register names in the gTLDs and the ccTLDs that have adopted the Policy have agreed to abide by and implement it for those domains. Any person or entity wishing to register a domain name in the gTLDs and ccTLDs in question is required to consent to the terms and conditions of the UDRP Policy.

On October 24, 1999, the ICANN Board adopted a set of Rules for Uniform Domain Name Dispute Resolution Policy (the UDRP Rules) setting out the procedures and other requirements for each stage of the dispute resolution administrative procedure. The procedure is administered by dispute resolution service providers accredited by ICANN. The WIPO Arbitration and Mediation Center (WIPO Center) is such a dispute resolution service provider.

The WIPO Center acted as technical advisors to the ICANN drafting committee charged with finalizing the UDRP Policy and Rules. It has developed WIPO Supplemental Rules for Uniform Domain Name Dispute Resolution Policy which supplement the UDRP Policy and Rules.

Who can use the UDRP Administrative Procedure?

Any person or company in the world can file a domain name complaint concerning a gTLD using the UDRP Administrative Procedure.

In case of a dispute involving a domain name registered in a ccTLD, the UDRP Administrative Procedure can also be used, provided that the concerned ccTLD registration authority adopted the UDRP Policy on a voluntary basis.  This information is contained in the overview of all ccTLDs for which WIPO provides dispute resolution services.

What types of disputes are covered by the UDRP Administrative Procedure?

According to Paragraph 4(a) of the UDRP Policy, the UDRP Administrative Procedure is only available for disputes concerning an alleged abusive registration of a domain name; that is, which meet the following criteria:

(i) the domain name registered by the domain name registrant is identical or confusingly similar to a trademark or service mark in which the complainant (the person or entity bringing the complaint) has rights; and

(ii) the domain name registrant has no rights or legitimate interests in respect of the domain name in question; and

(iii) the domain name has been registered and is being used in bad faith

What circumstances are evidence that a domain name has been registered and is being used in bad faith?

Paragraph 4(b) of the UDRP Policy sets out the following examples of circumstances that will be considered by an Administrative Panel to be evidence of the bad faith registration and use of a domain name:

(i) Circumstances indicating that the domain name was registered or acquired primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of the domain name registrant's out-of-pocket costs directly related to the domain name; or

(ii) The domain name was registered in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that the domain name registrant has engaged in a pattern of such conduct; or

(iii) The domain name was registered primarily for the purpose of disrupting the business of a competitor; or

(iv) By using the domain name, the domain name registrant intentionally attempted to attract for financial gain, Internet users to the registrant's website or other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of the registrant's website or location or of a product or service on the registrant's website or location.

The above examples are not exclusive and other circumstances may exist that demonstrate the registration and use of a domain name in bad faith.

What are the advantages of the UDRP Administrative Procedure?

The main advantage of the UDRP Administrative Procedure is that it typically provides a faster and cheaper way to resolve a dispute regarding the registration and use of an Internet domain name than going to court. In addition, the procedures are considerably more informal than litigation and the decision-makers are experts in such areas as international trademark law, domain name issues, electronic commerce, the Internet and dispute resolution. It is also international in scope: it provides a single mechanism for resolving a domain name dispute regardless of where the registrar or the domain name holder or the complainant are located.

If I use the UDRP Administrative Procedure, can I still go to court?

Yes. Paragraph 4(k) of the UDRP Policy provides that the mandatory administrative proceeding requirement shall not prevent either the domain name registrant (Respondent) or the third party (Complainant) from submitting the dispute to a court of competent jurisdiction for independent resolution. It is possible for a party to start a lawsuit in court before an administrative proceeding is commenced. A party can also commence a lawsuit after the administrative proceeding is concluded if it is not satisfied with the outcome.

Paragraph 18 of the UDRP Rules sets out what action an Administrative Panel may take if court proceedings are initiated prior to or during an administrative proceeding.

Can I use the UDRP Administrative Procedure for a dispute involving a domain name registered in a country code top level domain?

Yes, provided that the domain name Registration Agreement covering the domain name in issue specifically incorporates the UDRP Policy. This is the case for certain ccTLDs that have adopted the UDRP Policy on a voluntary basis.

Can I use the UDRP Administrative Procedure to bring a case against the registrar with which I have registered the domain name?

No. The UDRP Administrative Procedure is only available to resolve disputes between a third party alleging an abusive registration of a domain name (see above) and the domain name registrant.

Can I, as a domain name holder, use the UDRP Administrative Procedure to bring a case against someone who has threatened to sue me and take away my domain name?

No. The UDRP Administrative Procedure is only available to resolve disputes brought or commenced by a third party alleging an abusive registration of a domain name against a domain name registrant.


B. Overview of the UDRP Administrative Procedure

What are the various stages in the UDRP Administrative Procedure?

The five basic stages in a UDRP Administrative Procedure are:

(1) The filing of a Complaint with an ICANN-accredited dispute resolution service provider chosen by the Complainant, such as the WIPO Center;

(2) The filing of a Response by the person or entity against whom the Complaint was made;

(3) The appointment by the chosen dispute resolution service provider of an Administrative Panel of one or three persons who will decide the dispute;

(4) The issuance of the Administrative Panel's decision and the notification of all relevant parties; and

(5) The implementation of the Administrative Panel's decision by the registrar(s) concerned should there be a decision that the domain name(s) in question be cancelled or transferred.

A more detailed description of the UDRP Administrative Procedure is available (Word or pdf).

How long does the UDRP Administrative Procedure take?

The Administrative Procedure normally should be completed within 60 days of the date the WIPO Center receives the Complaint.

How much does the UDRP Administrative Procedure cost?

For a case filed with the WIPO Center involving between 1 and 5 domain names that is to be decided by a single Panelist, the fee is USD1500. For a case that is to be decided by 3 Panelists, the fee is USD4000.

For a case involving between 6 and 10 domain names that is to be decided by a single Panelist, the fee is USD2000 and USD5000 for a case that is to be decided by 3 Panelists.

It is the parties that decide whether the case is to proceed before 1 or 3 Panelists.

The Complainant is responsible for paying the total fees. The only time the Respondent has to share in the fees is when the Respondent chooses to have the case decided by 3 Panelists and the Complainant had chosen a single Panelist.

The fees described above do not include any payment that might have to be made to a lawyer representing a party in the administrative proceeding.

Please consult the WIPO Center's Schedule of Fees for further details.

Is the UDRP Administrative Procedure confidential?

Following the formal commencement of an administrative proceeding, the WIPO Center publishes on its website the domain name(s) in issue, the date of the formal commencement of the administrative proceeding and the status of the case. The WIPO Center also makes available on its website the decisions rendered under the UDRP Policy in accordance with Paragraph 16 of the UDRP Rules, by case number or by topic through a searchable Index.

The WIPO Center will normally not disclose any other information about the proceedings.

In what language is the UDRP Administrative Procedure conducted?

According to Paragraph 11 of the UDRP Rules, unless the parties to an administrative proceeding agree otherwise, or the Registration Agreement that relates to the domain name in question specifies otherwise, the language of the administrative proceeding will normally be the language of the relevant Registration Agreement. The Administrative Panel, however, has the discretion to designate a different language, taking into consideration the circumstances of the administrative proceeding (e.g., the nationality of the parties, the language of the documentation). The Administrative Panel also has the authority to order parties to translate documents that are not in the language of the administrative proceeding.

Are in-person hearings required in the UDRP Administrative Procedure?

Paragraph 13 of the UDRP Rules makes it clear that there shall be no in-person hearings (including hearings by teleconference, videoconference, and web conference), unless the Administrative Panel determines, only as an exceptional matter, that a hearing is necessary in order for it to make its decision.


C. Preparing and Filing a Complaint

To which dispute resolution service provider do I submit my Complaint?

The Complaint may be submitted to any accredited dispute resolution service provider. For the gTLDs, these providers are accredited by ICANN. For the ccTLDs to which the UDRP Policy applies, they are accredited by the administration of the ccTLD in question. Not only must the Complaint conform to the requirements specified in the UDRP Rules, but also to those specified in the chosen Provider's supplemental rules, if any.

The WIPO Center was the first provider to be accredited by ICANN and the first to receive cases under the UDRP Policy. Its expertise to administer domain name disputes stems from its involvement in the international process conducted by WIPO at the request of its member States which led to the UDRP Policy and Rules. The WIPO Center also has specialist knowledge in intellectual property and considerable experience in dispute resolution administration generally. 

Is there a standard form in which a Complaint should be submitted?

While there is no standard ICANN form, the WIPO Center has prepared a model Complaint and filing guidelines which parties may wish to consult. This model has been prepared by the WIPO Center and is intended to serve as a guide for filing a Complaint under the UDRP Policy with the WIPO Center. Its use as a basis for the preparation of a party's complaint does not preclude the possibility of that Complaint being found deficient following the WIPO Center's formalities compliance review, nor does reliance on the model guarantee a Complainant's success on the merits.

How do I submit a Complaint?

A complaint must be submitted in electronic form in accordance with paragraph 3(b) of the UDRP Rules and 12(a) of the WIPO Supplemental Rules. In order to facilitate electronic filing, the WIPO Center offers the following options:

Please consult the filing guidelines for further information.

In what language should the Complaint be made?

Unless the Complainant and the Respondent agree otherwise, or if specified otherwise in the Registration Agreement, the Complaint must normally be in the same language as the Registration Agreement. The Administrative Panel can order any attachments not in the same language as the Registration Agreement to be translated in full or in part by and at the cost of the submitting party.

Does the Complaint have to be prepared and submitted by a lawyer?

While the assistance of a lawyer may be helpful, there is no requirement that the Complaint be prepared or submitted by a lawyer.

What information should be included in the Complaint?

The information that must be included in the Complaint is described in Paragraph 3 of the UDRP Rules. In addition, the WIPO Center has prepared a model Complaint and filing guidelines which serve as a checklist of elements to include in a Complaint. In order to assist parties in preparing their submissions, the WIPO Center also makes available an online Index of decisions rendered under the UDRP Policy, as well as a jurisprudential Overview.

Can a Complaint include more than one domain name?

Under Paragraph 3(c) of the UDRP Rules, the Complaint may relate to more than one domain name, so long as the person or entity that is the registrant of the domain names specified in the Complaint is the same.

Does the Complaint have to be certified or notarized?

No.

Do any payments have to be made when filing the Complaint?

Yes. The appropriate fee specified in the WIPO Center's Schedule of Fees must be submitted together with the Complaint, using one of the methods described.

Which contact details should be used when sending the Complaint to the Respondent and what communication methods should be used?

In addition to submitting the Complaint to a dispute resolution service provider, the UDRP Rules, Paragraph 3(b)(xii) require that the complaint state that a copy of the Complaint has been sent or transmitted to the Respondent electronically.

Which contact details should be used when sending the Complaint to the concerned Registrar(s) and what communication methods should be used?

In addition to submitting the Complaint to the WIPO Center, the WIPO Supplemental Rules require that a copy of the Complaint be sent to the concerned registrar(s). The Complainant should also notify the WIPO Center that the Complaint has in fact been sent to the concerned registrar(s). Certain registrars have established specific contact details that should be used for these purposes, which may be obtained by contacting the registrar(s) in question.

Where can I get information about who is the registrant of a domain name?

Certain registration information can be obtained for domain names registered in the gTLDs by conducting a "Whois" search, in particular at http://www.internic.net/whois.html. For ccTLDs, or for additional information, the concerned registrar's Whois service may be used (accessed via the registrar's website).


D. Preparing and Filing a Response

Is the filing of a Response mandatory?

Under the terms of the agreement which the domain name registrant entered into when registering the domain name, the registrant must submit to the administrative proceeding. The Respondent has 20 days from the date of commencement of the administrative proceeding to submit a Response.

How many days does a Respondent have to file a Response?

According to Paragraph 5(a) of the UDRP Rules, the Respondent must file its Response within 20 days of the commencement of the administrative proceeding. An administrative proceeding is deemed to have formally commenced once the dispute resolution service provider has formally notified the Complaint in accordance with Paragraph 2(a) of the UDRP Rules.

What happens if a Response is not filed or not filed on time?

If the Respondent does not file its Response (including any payment that may be required) by the applicable deadline, the Respondent will be considered in default. Despite the Respondent's default, the WIPO Center will proceed to appoint the Administrative Panel. The Panel will be informed of the Respondent's default. It will decide the dispute based on the information available to it and may draw such inferences as it deems appropriate from the Respondent's failure to submit a timely Response.

Is there a standard form in which a Response should be submitted?

In addition to a model Response, the WIPO Center has prepared filing guidelines which parties may wish to consult for guidance. The use of the model Response and filing guidelines as a basis for the preparation of a party's Response does not guarantee a Respondent's success on the merits.

When submitting a Response electronically, what format should be used?

In order to facilitate the electronic submission of a Response, the WIPO Center offers the following options:

In what language should the Response be made?

Unless the Complainant and the Respondent agree otherwise, or if specified otherwise in the Registration Agreement, the Response must normally be in the same language as the Registration Agreement. The Administrative Panel can order any attachments not in the same language as the Registration Agreement to be translated in full or in part by and at the cost of the submitting party.

Does the Response have to be submitted by a lawyer?

While the assistance of a lawyer may be helpful, there is no requirement that the Response be prepared or submitted by a lawyer.

What information should be included in the Response?

The information that must be included in the Response is described in Paragraph 5 of the UDRP Rules. In addition, the WIPO Center has prepared a model Response and filing guidelines which serves as a checklist of the elements to include in the Response. In order to assist parties in preparing their submissions, the WIPO Center also makes available an online Index of decisions rendered under the UDRP Policy, as well as a jurisprudential Overview.

In preparing my Response, how do I demonstrate my rights to and legitimate interests in the domain name that is the subject of the Complaint?

Paragraph 4(c) of the UDRP Policy states that any of the following circumstances, in particular but without limitation, if found by the Administrative Panel to be proved based on its evaluation of all evidence presented, shall demonstrate the domain name registrant's rights or legitimate interests to the domain name for the purposes of Paragraph 4(a)(ii) of the Policy:

(i) before any notice to the domain name registrant of the dispute, the registrant's use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or

(ii) the domain name registrant (as an individual, business, or other organization) has been commonly known by the domain name, even if the registrant has acquired no trademark or service mark rights; or

(iii) the domain name registrant is making a legitimate non-commercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue.

Does the Response have to be certified or notarized?

No.

Do any fees have to be paid when filing a Response?

The only time a fee has to be paid by the Respondent is when the Complainant chooses to have the case decided by a single Panelist, but the Respondent prefers to have the case decided by three Panelists. In such cases, the applicable fee is shared equally between the Complainant and the Respondent. The Respondent must submit its payment together with its Response. If it does not, the Respondent will be considered in default and the Center may disregard the Respondent's designation of the number of Panelists.

How do I submit a Response?

Under the UDRP Rules, a Response must be submitted electronically.

In order to facilitate filing, the WIPO Center offers the following options:

Which contact details should be used when sending the Response to the Complainant and what communication methods should be used?

The Response should be submitted electronically including all annexes to the Complainant and to the Center.

Does the Response have to be sent to the registrar(s)?

No.


E. The Role of the Administrative Panel

What is an Administrative Panel?

An Administrative Panel is composed of one or three independent and impartial persons appointed by the dispute resolution service provider that is selected to administer the dispute in accordance with the UDRP Policy and Rules. The Administrative Panel is independent of the dispute resolution service provider, ICANN, the concerned registrar(s) and the parties.

Who are the Panelists?

The persons appearing on the WIPO Center's list of Domain Name Panelists have been selected on the basis of their well-established reputation for their impartiality, sound judgment and experience as decision-makers, as well as their substantive experience in the areas of international trademark law, electronic commerce and Internet-related issues. The WIPO Center's list is international, consisting of some 400 Panelists from over 50 countries, many of whom are multi-lingual.

When is the Administrative Panel appointed?

The Administrative Panel is appointed after the filing of the Response, if one is made, or following the due date on which the Response should have been filed. In the case of a Single Panelist administrative proceeding, the WIPO Center will work to appoint the Administrative Panel within 5 days of the filing of the Response or the Response due date. In the case of a three-person Administrative Panel, normally the WIPO Center will appoint the Panel within 15 days of the filing of the Response or the Response due date.

How is an Administrative Panel appointed?

An Administrative Panel is appointed by the WIPO Center as follows:

(i) If both the Complainant and Respondent indicate that they wish the dispute to be decided by a single Panelist, the Panelist will be appointed by the WIPO Center from its list of Domain Name Panelists.

(ii) If the Complainant designates 3 Panelists and the Respondent designates 1 Panelist, or vice-versa, then the WIPO Center will appoint a three-person Administrative Panel. In so doing, the WIPO Center will try to appoint one of the candidates nominated by the Complainant and one of the candidates nominated by the Respondent. If it is unable to do so, the Center will make an appropriate appointment from its list of Domain Name Panelists. The third Panelist, or Presiding Panelist, will be appointed on the basis of preferences indicated by the parties from among a list of 5 candidates that will have been provided to them by the WIPO Center. (If it is the Respondent that chooses a three-member Panel, the Respondent is required to pay half of the applicable fees; in all other situations, the fees are paid by the Complainant.)

(iii) If no Response is filed by the Respondent, then the WIPO Center will appoint the Administrative Panel in accordance with the number of panelists designated by the Complainant (i.e. 1 or 3). If the Complainant designated a three-member panel, the Center will try to appoint one of the candidates nominated by the Complainant, failing which it will make the appointment from its published list. It will make the appointment of the other two Panelists from its list of Domain Name Panelists.


F. The Administrative Panel Decision

What decisions can the Administrative Panel take?

Only three types of decisions can be made by the Administrative Panel:

(i) Decide in favor of the person or entity that filed the Complaint and order that the disputed domain name(s) be transferred to that person or entity;

(ii) Decide in favor of the person or entity that filed the Complaint and order that the disputed domain name(s) be cancelled;

(iii) Decide in favor of the domain name registrant (i.e., deny the requested remedy). In this regard, if the Panel concludes that the dispute is not within the scope of Paragraph 4(a) of the UDRP Policy, it must specify this in its decision. Also, if after considering the submissions of the parties, the Panel finds that the Complaint was brought in bad faith, the Panel is required to declare in its decision that the Complaint was brought in bad faith and constitutes an abuse of the administrative proceeding.

Can the Administrative Panel award any monetary amounts?

No. The Administrative Panel cannot award money judgments nor lawyers' costs.

How long does it take to get a decision?

Paragraph 15(b) of the UDRP Rules provides that, in the absence of exceptional circumstances, the Administrative Panel shall forward its decision on the Complaint to the WIPO Center within fourteen days of its appointment.

How is an Administrative Panel decision implemented?

An Administrative Panel decision is implemented by the registrar with which the contested domain name is registered at the time the decision is rendered.

In accordance with Paragraph 4(k) of the UDRP Policy, the registrar is required to implement the Panel's decision 10 business days after it receives notification of the decision from the dispute resolution service provider, except if the registrar receives proper information from the domain name registrant (Respondent) in that 10-day period that it is challenging the decision in court (see below).

Each registrar establishes its own guidelines concerning the implementation of the transfer or cancellation of a domain name registration pursuant to an Administrative Panel's decision.

Is it possible to challenge an Administrative Panel decision?

Yes. Paragraph 4(k) of the Policy allows a domain name registrant that loses in the Administrative Proceeding to challenge the Administrative Panel's decision by filing a lawsuit in certain courts. As noted above, the concerned registrar(s) will implement the Panel's decision 10 business days after it receives notification of the decision from the dispute resolution service provider, unless it receives from the registrant during that 10-day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that the registrant has commenced a lawsuit against the Complainant in a jurisdiction to which the Complainant has submitted under Paragraph 3(b)(xiii) of the UDRP Rules, i.e., a "Mutual Jurisdiction" (see below).

The concerned registrar will then take no further action until it receives:

(i) Satisfactory evidence of a resolution of the dispute between the parties; or

(ii) Satisfactory evidence that the domain name registrant's lawsuit has been dismissed or withdrawn; or

(iii) A copy of an order from the court in which the lawsuit was filed dismissing the lawsuit or ordering that the domain name registrant has no right to continue to use the domain name.

What is meant by "Mutual Jurisdiction"?

The Mutual Jurisdiction is defined in the UDRP Rules as a court jurisdiction at the location of either (a) the principal office of the registrar (provided that the domain name registrant has submitted in the Registration Agreement to that jurisdiction for court adjudication of disputes concerning or arising from the use of the domain name) or (b) the domain name registrant's address as shown for the registration of the domain name in the concerned registrar's WHOIS database at the time the Complaint is submitted to a dispute resolution service provider.

Are the Administrative Panel's decisions available to the public?

Yes. According to Paragraph 16(b) of the Rules, except where an Administrative Panel decides otherwise in exceptional circumstances, a dispute resolution service provider is required to publish all decisions in full on the Internet. WIPO Administrative Panel decisions can be accessed through the WIPO Center's website. An online Index of the decisions by domain name category, procedural, or substantive issue is also available. The Center also makes available a jurisprudential Overview.

What happens if the parties come to an agreement over their dispute during the proceedings?

If the parties come to a settlement agreement concerning their dispute, Paragraph 17 of the UDRP Rules requires the administrative proceeding to be terminated.


G. The Role of the Registrar

What is the registrar's role in the administrative proceeding?

Except as decribed below, the registrar does not and will not participate in the administration or conduct of the administrative proceeding. The WIPO Center has prepared a flowchart (word or pdf) illustrating the basic interactions between the WIPO Center and a registrar in the course of a case.

The registrar's role in the administrative proceeding is as follows:

(i) To provide requested information to the WIPO Center, including confirming that the disputed domain name is registered with it, that it is registered by the person or entity identified as the Respondent in the Complaint, providing the Respondent's contact details and, when necessary, the Registration Agreement and associated documents;

(ii) To prevent the transfer to a third party of a domain name registration after an Administrative Proceeding has commenced; and

(iii) To implement the Administrative Panel's decision.


H. The Role of the WIPO Arbitration and Mediation Center

What is the role of the WIPO Arbitration and Mediation Center in an administrative proceeding?

The WIPO Center's role is to administer the proceedings, which includes verifying that the Complaint satisfies the formal requirements of the UDRP Policy and Rules and WIPO Supplemental Rules, co-ordinating with the concerned registrar(s) to verify that the named Respondent is the actual registrant of the domain name(s) in issue, checking the Respondent's contact details, notifying the Complaint to the Respondent, sending out case-related notifications, appointing the Administrative Panel and otherwise ensuring that the administrative proceeding runs smoothly and expeditiously.

The Center is independent and impartial. It does not decide the dispute between the parties. As an administrative body, it can provide general information on the procedural aspects of the UDRP Policy and Rules and WIPO Supplemental Rules, but cannot give any views about the strengths and weaknesses of a party's case.

What is a Case Administrator?

The WIPO Case Administrator is principally responsible for managing the case procedures, including all administrative matters relating to the dispute and communications with the Administrative Panel. The Case Administrator may provide administrative assistance to the Panel, but has no substantive decision authority.

WIPO Case Administrators often have legal backgrounds, speak several languages and are experienced in international dispute resolution and domain name issues.

What is the Formalities Compliance Review?

The Formalities Compliance Review is a check by the WIPO Center of the Complaint to ensure that it satisfies all of the formal requirements set out in the UDRP Policy and Rules and WIPO Supplemental Rules. Examples of the items checked by the Center include: whether the Complaint includes the Complaint Transmittal Coversheet; generally, whether the Complaint includes all of the items listed in Paragraph 3(b) of the UDRP Rules; and whether payment has been made in the correct amount.


I. Fees

What are the WIPO Center's fees for a domain name dispute?

For a case involving between 1 and 5 domain names, the fee for a case that is to be decided by a single Panelist is USD1500 and USD4000 for a case that is to be decided by 3 Panelists.

For a case involving between 6 and 10 domain names, the fee for a case that is to be decided by a single Panelist is USD2000 and USD5000 for a case that is to be decided by 3 Panelists.

The Complainant is responsible for paying the total fees. The only time the Respondent has to share in the fees is when the Respondent chooses to have the case decided by 3 Panelists and the Complainant had chosen a single Panelist.

In exceptional circumstances, either the Panel or the WIPO Center may ask the parties to make additional payments to defray the costs of the administrative procedure.

Please consult the WIPO Center's Schedule of Fees for further details.


J. Resource Materials

Where can I get additional information about domain name dispute resolution?

Please visit the WIPO domain name dispute resources area or contact arbiter.mail@wipo.int.

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