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

Geneva, Switzerland, Tuesday and Wednesday, October 9 and 10, 2018

Overview

The WIPO Arbitration and Mediation Center’s domain name dispute resolution services give effect to the Uniform Domain Name Dispute Resolution Policy (UDRP), adopted in 1999 by the Internet Corporation for Assigned Names and Numbers (ICANN) at the recommendation of WIPO. The UDRP provides trademark owners with an administrative mechanism (outside of the courts) for expedient and cost-effective resolution of “cybersquatting” disputes arising out of the bad-faith registration and use of domain names corresponding to their trademarks. The UDRP applies to disputes in current and new generic Top-Level Domains (gTLDs), as well as an increasing number of country code Top-Level Domains (ccTLDs). In December 1999, the WIPO Center received the first UDRP case. Since then, trademark owners from around the world have filed over 40,000 cases with WIPO – the leading global provider. Together these WIPO cases have assisted brand owners in recovering over 75,000 domain names.

The evolving nature of the Domain Name System (DNS) remains of significant relevance for trademark owners globally. With this evolution comes an increasing demand for domain name dispute resolution training. Notably with WIPO’s release in 2017 of the WIPO Overview of WIPO Panel Views on Selected UDRP Questions, third Edition (“WIPO Jurisprudential Overview 3.0”), WIPO’s Advanced Workshop focuses on UDRP case trends covering the most relevant substantive and procedural issues. The program also provides an update on ICANN’s review of Rights Protection Mechanisms (RPMs) including those available in connection with the launch of new gTLDs, in addition to the UDRP.

Notably in this 2018 edition, the Workshop will also be taking stock of any relevant observations from the GDPR’s impact on UDRP cases.

Who Should Attend

The target audience for this Workshop includes trademark owner practitioners and potential case parties, namely trademark owners and domain name registrants. Registrars and ccTLD administrators also attend the Workshop to increase their knowledge of both UDRP decisions and case administration processes, as well as current issues in the DNS more generally. Participants should have a basic understanding of the DNS and of trademark protection. To maximize the benefit of the Workshop for all participants, course materials will be provided, and should be consulted, ahead of the program.

Faculty

The faculty consists of experienced WIPO UDRP panelists, trademark counsel, and senior WIPO staff, and in addition to presentations will include practical break-out sessions and discussions between participants and instructors.

Presentations

Breakouts

Full profiles of the faculty are available at https://www.wipo.int/amc/en/docs/dnprofiles2018.pdf.

Program

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

• the legal framework of the UDRP;
• the WIPO Center’s domain name dispute resolution services;
• substantive and procedural developments;
• new ICANN RPMs (including the WIPO-administered Trademark Post-Delegation Dispute Resolution Procedure, and the Uniform Rapid Suspension system); and
• developments at ICANN and in the DNS more generally.

Using the WIPO Overview 3.0 and recent decisions as principal guides, the faculty will discuss selected topics with participants on the basis of UDRP cases. Examples include: Geographical Scope and Timing of Trademark Rights, Unregistered Trademark Rights, Personal Names/Geographical Terms, Licensee Rights/Rights Among Corporate Entities, Confusing Similarity and Website Content, Fair Use, Internationalized Domain Names, Disclaimed or Design Elements in Trademarks, Privacy and other Registrar issues, Parking and Landing Pages, Willful Blindness, the Conjunctive Requirement, the Role of Precedent, Laches, Consolidation, Panel (Procedural) Orders, Supplemental Filings, Language of Proceedings, and Reverse Domain Name Hijacking.

Certificate of Participation (including for CLE/CPD)

All participants who complete the program will be awarded a Certificate of Participation.

All reasonable efforts will be made to assist participants in securing CLE/CPD credit. Participants are requested to indicate their preferred CLE or CPD jurisdiction(s) when registering. A Financial Aid Policy is available.

Program Information

Registration and Fee

Hotel Accommodation and Other Useful Information

Information is available at www.wipo.int/amc/en/events/practical-information.

Contact Details

WIPO Arbitration and Mediation Center
World Intellectual Property Organization (WIPO)
34, chemin des Colombettes
1211 Geneva 20, Switzerland
T +4122 338 8247
E arbiter.meetings@wipo.int
W www.wipo.int/amc

Other Workshops Organized by the WIPO Arbitration and Mediation Center

• Training Seminar – Mediation in Disputes on R&D and Related Commercial Agreements
  Brussels, Belgium, October 11 and 12, 2018
• WIPO Mediation and Arbitration Workshops
  Shenzhen, China, Tuesday, October 16, 2018
  Shanghai, China, Thursday, October 18, 2018

Further information is available at www.wipo.int/amc/en/events.