Uniform Domain Name Dispute Resolution Mechanism Analysis

The development of the Internet has witnessed a fierce conflict of rights between thedomain name and the trademark. The Uniform Domain Name Dispute ResolutionPolicy (the “Policy” or UDRP) adopted in1999aims especially to solve the legaldisputes caused by bad faith domain name registration and use, especiallycybersquatting. The Policy designates a mandatory administrative procedure as aquick and inexpensive ADR method for resolving domain name disputes. This paperwill first discuss the legal definition and nature of domain name, followed by theconflict of rights between domain name and trademark. Then the major organizationsof UDRP will be introduced. Most importantly, this paper will focus on the study ofUDRP cases generated from the implementation of Policy for more than ten years,and summarize the consensus and major views on certain substantive issues, as wellas identify the two streams of views in contentious areas. Subsequently, this paperbriefly studies two domestic legal frameworks, the U. S. system with specificlegislation and the Chinese system which based on trademark law and anti-unfaircompetition law, so as to demonstrate the guidance and influence the Policy hasproduced on domestic domain name dispute resolution. Especially, China shouldlearn from the successful judicial practice from the Policy, compile substantive rulesby adopting specific legislation on domain name disputes resolution, and to creativelydesign a fast proceeding based on document review for the quick resolution of clearcybersquatting cases. In this way, the combined advantages of UDRP and courthearings will much improve the domain name dispute resolution system in China.Lastly, through the analysis of conference minutes and reports from maininternational organizations on the development of domain name system, this paperwill highlight the challenges posed by the introduction of new generic top-leveldomain name (new gTLD) on the existing dispute resolution mechanisms. Faced withthese challenges, the UDRP, as the single most successful ADR procedure in resolingdomain name disputes, will become the legal basis to respond to these new legaldifficulties.