05 June 2017
Reporter: Mark Dugdale

WIPO updates UDRP jurisprudential overview

The World Intellectual Property Organization (WIPO) has updated its UDRP Jurisprudential Overview for the first time since 2011.

The WIPO Jurisprudential Overview 3.0 includes a comprehensive review of consensus around UDRP practice and procedure.

WIPO’s overview covers the three UDRP elements, as well as questions about procedure. It is broken down into an accessible question and answer format, making it easier for domain name and trademark lawyers to find what they are looking for.

One notable update is a consideration of the circumstances in which panels will issue a finding of reverse domain name hijacking.

According to the WIPO Jurisprudential Overview 3.0, reverse domain name hijacking is defined as “using the UDRP in bad faith to attempt to deprive a registered domain name holder of a domain name”.

UDRP panels have consistently found that “the mere lack of success of a complaint is not itself sufficient for a finding” of reverse domain name hijacking.

At the same time, UDRP panels have found that it is not necessary for a respondent to seek this finding or prove the presence of conduct constituting reverse domain name hijacking.

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