FITUG e.V.
Förderverein Informationstechnik und Gesellschaft
FITUG e.V.Förderverein Informationstechnik und Gesellschaft |
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http://www.wipo.int/eng/pressrel/2000/p207.htm
Press Release PR/2000/207
Geneva, February 22, 2000
ANTI-CYBERSQUATTING PROCEDURE TAKES OFF
A total of 89 cases have so far been filed with the World Intellectual Property Organization (WIPO) Arbitration and Mediation Center since a procedure to deal with abusive registrations of domain names on the Internet took effect in December 1999. The procedure requires that each case is resolved within a 45-day period. Several decisions have been issued already, all requiring transfer of the domain name to the complainant. The first decisions involved the following complainants: the World Wrestling Federation, Stella D’oro Biscuit Co (an affiliate of Nabisco) and the Australian telecommunications giant Telstra (all decisions are published on the Center’s website: http://arbiter.wipo.int/domains/decisions/index.html).
Director of the WIPO Arbitration and Mediation Center and WIPO Assistant Director General, Mr. Francis Gurry, said "The rate of increase in case filings reflects growing confidence in the market both in the new procedure as an effective means of dealing with cybersquatting and in WIPO's administration of the procedure in an efficient and balanced manner."
The cases are being filed under the new Uniform Domain Name Dispute Resolution Policy applicable to generic top-level domains (.com, .net and .org) adopted by the Internet Corporation for Assigned Names and Numbers (ICANN) on August 26, 1999. The ICANN policy establishes a uniform and mandatory administrative dispute-resolution system to address cases of bad faith, abusive registrations, also known as "cybersquatting." Using this system, panels of one or three experts, appointed by the WIPO Arbitration and Mediation Center, apply streamlined, quick and cost-effective procedures to review claims and eliminate cases of clear abuse of trademark holders' rights, leaving the more complex cases to the courts. If the losing party fails to challenge the decision in a competent court, the registrar is bound to implement the panel’s decisions after a ten-day waiting period.
Once a case is filed with the Center, the domain in dispute is posted on the website (http://arbiter.wipo.int/domains/pending/index.html).
The disputed names include: dior.org, easyjet.net, sgs.net, worldcup2002.com, jpmorgan.org, euro-tunnel.com, smartpaq.com, toefl.com, tata.org, bbcdelondres.com, microsoft.org, guerlain.net, adobeacrobat.com, dodialfayed.com, talkabout.com and alaskaairlines.org.
The geographical spread of complainants and respondents is wide. The complainants are based in 16 countries, namely: Australia (2), Bahamas (1), Canada (1), China (1), France (5), Germany (2), Hungary(1), India (3), Japan (1), Netherlands (1), New Zealand (1), South Africa (1), Spain (3), Switzerland (3), UK (9), USA (54). The respondents are based in 24 countries, namely: Antigua (1), Australia (3), Belgium (1), Canada (4), China (2), France (1), Hungary (1), India (2), Iran (1), Israel (1), Mexico (1), New Zealand (2), Panama (1), Philippines (1), Qatar (1), Republic of Korea (3), Slovenia (1), Spain (3), Sweden (1) Turkey (1), United Arab Emirates (1), UK (3), USA (52) and Venezuela (1). In all, 30 countries are involved. The Arbitration and Mediation Center provides facilities in English, French and Spanish.
The Center is receiving several cases daily. Sixty cases were filed in February 2000, 28 in January 2000 and one in December 1999. The Center's website is regularly updated with information on the latest cases received (http://arbiter.wipo.int/domains/pending/index.html).
For further details, please contact the Media Relations & Public Affairs Section at WIPO:
Tel: (+41 22) 338 81 61 or 338 95 47 Fax: (+41 22) 338 88 10 E-mail: publicinf@wipo.int