Research On Special Respondent Defenses Under Uniform Domain Name Dispute Resolution Policy And Rules(UDRP)

Domain name, from a technical view, is a kind of method to solve the problems of IPaddress parallelism. In the recent years, the setup, administration of domain namesystem and the related intellectual property disputes have long been the focus ofdiscussion worldwide. WIPO is the first Service Provider of domain name disputesettlement appointed by ICANN. The UDRP has also proven itself to be an efficientand cost-effective means of resolving disputes. The UDRP has attracted a widespreadgeographical participation, reflecting the international nature of the Internet. It hasplayed a significant role in solving Internet-related domain name disputes since itsreceiving of authorization on November29,1999.The UDRP was deliberately limited in scope. It deals only with the class of disputesthat concern conflicts between domain names and trademarks and, within that class, itdeals only with deliberate, bad faith violations of trademarks in which the domainname holder has no rights or legitimate interests in the domain name.“Therespondent’s default does not automatically result in a decision in favor of thecomplainant.” Rather,“the complainant must establish each of the three elementsrequired by paragraph4(a) of the UDRP.” Burden of proof lies with complainant.There is an important rule under the UDRP.Panelists should consider whether aconsensus has emerged that might inform which way they should rule on these types of issues. If such a consensus has emerged, panelists should endeavor to follow thatconsensus and thus promote consistent application of the UDRP. As a result, studingthe complaints and defenses prior can do for the future guide.Under UDRP Rules, the domain name dispute parties complaints and defenses aroundthe three elements required by paragraph4(a). On this basis, when the respondent as adefense, the respondent defend any point of the three elements. Generally focused onthe second or third, they prove legitimate interest, or they do not in bad faith, it canbe successfully defended. Of course, for different defense each have their owndifferent points, specific defense require specific analysis.At present, China’s enterprises in response to the UDRP Internet domain name disputeshas a long way to go, whether as a complainant or a respondent, we also need to learn alot.China’s enterprises in the UDRP more become a target of the complaint, especiallyin2010-2011, becoming the second largest respondent country after the U.S.. Researchon Special Respondent Defenses and the related conditions under Uniform DomainName Dispute Resolution Policy and Rules(UDRP) is very important.This paper starts with The Uniform Domain Name Dispute Resolution Policy(UDRP),it also introduces many WIPO arbitral cases to analyze the conditions and burden ofproof of six special defenses.