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Frontier Compliance: A Communication System Emerging in Cyberspace
Unformatted Document Text:  10 specific, readily available laws. 1 As relying on the traditional legal system takes money and time did not ensure favorable outcomes, and using financial and other resources could not be a satisfactory instrument of coercion, trademark owners began to search for new ways of protecting and maximizing their interests. Extra-legal rules and systems of compliance were needed. Soon trademark holders began to ask for easier, more effective ways of prohibiting domain names that are the same or similar to their trademarks from being registered by others and acquiring them from the original registrants if they have already been registered. As the trademark holders charged ICANN to do something about registration of domain names that are the same or similar to their trademarks, ICANN, although its mandate is limited to technical coordination, asked the WIPO to conduct a consultative study on domain name and trademark issues in 1998. WIPO conducted the study and delivered its final report to ICANN in April 1999. This report recommended institution of a resolution policy followed uniformly by all registrars in the .com, .net, and .org top-level domains. After a series of consultation with the ICANN Board, Names Council, working groups, and staff, and a minor revision according to public comments, the UDRP was finally adopted and approved in October 1999. In November 1999, the WIPO was approved by ICANN as the first dispute resolution provider, and in December 1999, the first proceeding was commenced. 2 In the present, 4 providers are in service and 6,102 proceedings regarding 10,066 domain names have been decided as of October 31, 2002. 3 The ways in which the UDRP was established show that the ICANN, acknowledging it does not have expertise in dealing with the issue of dispute resolution, replied upon the WIPO, of which the institutional purpose is the protection of intellectual property rights. Consequently, the report of the WIPO focused on finding effective ways of preventing cybersquatting and protecting intellectual property rights from the trademark holders’ point of view rather than on balancing between trademark holders’ rights and domain name registrants’ rights. And ICANN established the UDRP based on this report, without fundamental discussion or substantial revision. In the process, ICANN did form a working group to study the WIPO report and make recommendations, but the content of these recommendations reflect the WIPO report 1 In many other areas, specific laws that apply to cyberspace or digital works, such as the Digital Millennium Copyright Act, have been established. 2 See http://www.icann.org/udrp/ for information. 3 The four service providers are: Asian Domain Name Dispute Resolution Centre [ ADNDRC ] , CPR Institute for Dispute Resolution [ CPR ] , The National Arbitration Forum [ NAF ] , and World Intellectual Property Organization [ WIPO ] . There was another service provider eResolution [ eRes ] , which was approved effective January 1, 2000, but is not accepted proceedings after November 30, 2001. There will be detailed discussion about the background of this situation in a later chapter.

Authors: Woo, Jisuk.
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background image
10
specific, readily available laws.
1
As relying on the traditional legal system takes money
and time did not ensure favorable outcomes, and using financial and other resources
could not be a satisfactory instrument of coercion, trademark owners began to search for
new ways of protecting and maximizing their interests. Extra-legal rules and systems of
compliance were needed. Soon trademark holders began to ask for easier, more effective
ways of prohibiting domain names that are the same or similar to their trademarks from
being registered by others and acquiring them from the original registrants if they have
already been registered. As the trademark holders charged ICANN to do something
about registration of domain names that are the same or similar to their trademarks,
ICANN, although its mandate is limited to technical coordination, asked the WIPO to
conduct a consultative study on domain name and trademark issues in 1998. WIPO
conducted the study and delivered its final report to ICANN in April 1999. This report
recommended institution of a resolution policy followed uniformly by all registrars in
the .com, .net, and .org top-level domains. After a series of consultation with the
ICANN Board, Names Council, working groups, and staff, and a minor revision
according to public comments, the UDRP was finally adopted and approved in October
1999. In November 1999, the WIPO was approved by ICANN as the first dispute
resolution provider, and in December 1999, the first proceeding was commenced.
2
In
the present, 4 providers are in service and 6,102 proceedings regarding 10,066 domain
names have been decided as of October 31, 2002.
3
The ways in which the UDRP was established show that the ICANN,
acknowledging it does not have expertise in dealing with the issue of dispute resolution,
replied upon the WIPO, of which the institutional purpose is the protection of
intellectual property rights. Consequently, the report of the WIPO focused on finding
effective ways of preventing cybersquatting and protecting intellectual property rights
from the trademark holders’ point of view rather than on balancing between trademark
holders’ rights and domain name registrants’ rights. And ICANN established the UDRP
based on this report, without fundamental discussion or substantial revision. In the
process, ICANN did form a working group to study the WIPO report and make
recommendations, but the content of these recommendations reflect the WIPO report
1
In many other areas, specific laws that apply to cyberspace or digital works, such as the Digital
Millennium Copyright Act, have been established.
2
See
http://www.icann.org/udrp/
for information.
3
The four service providers are: Asian Domain Name Dispute Resolution Centre
[
ADNDRC
]
, CPR
Institute for Dispute Resolution
[
CPR
]
, The National Arbitration Forum
[
NAF
]
, and World Intellectual
Property Organization
[
WIPO
]
. There was another service provider eResolution
[
eRes
]
, which was
approved effective January 1, 2000, but is not accepted proceedings after November 30, 2001. There will
be detailed discussion about the background of this situation in a later chapter.


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