On Uniform Domain Name Dispute Resolution Policy And The Rules

Up to now, Internet has had a huge influence on people's daily life and greatly changed the relationship among people, while it has also being challenging the traditional legal system. Especially along with the vigorous development of e-commerce, the conflicts between Internet domain names and trademarks have broken out massively and globally, definitely destroying the relative stable traditional trademark field and the healthy and orderly development of Internet in the world. Meanwhile, traditional dispute resolution procedures such as litigation or arbitration, can not effectively settle the conflicts between domain names and trademarks. Thus, it is really necessary and urgent to establish a uniform, fast, efficient and low-cost domain name dispute resolution mechanism globally. Uniform Domain Name Dispute Resolution Policy (UDRP) was set up and gradually developed.As a kind of new dispute resolution mechanism, UDRP has been widely applied in the world and even become a model for many countries and regions. Despite it success, there are also shortcomings in both regulations and procedure of UDRP, which have been exposed during the application in practice. Such shortcomings, to some extend, are having an affect on the uniformity and fairness of UDRP, reducing its applicability, blocking it entire role in the field of domain name dispute resolution. As UDRP is such a strong applicable mechanism and has six years of practice, this article primarily uses the methods of empirical analysis and comparative study to have a comprehensive research on the content and function of UDRP, in particular on its legal nature, substantive regulations and procedures in the first three chapters, in order to further improve the mechanism, effectively protect the interests of both parties, thereby to promote the whole Internet in a healthy and orderly development process. At the same time, because the existing domain name dispute resolution mechanism in China is quite similar to UDRP, it will also be discussed and analyzed in the final chapter by comparative method.