Разрешение споров о доменных именах: Политика UDRP и практика применения.

Process of dispute resolution
The Uniform Domain Name Dispute Resolution Policy (UDRP) is a process established by the Internet Corporation for Assigned Names and Numbers (ICANN) for the resolution of disputes regarding the registration of internet domain names. The UDRP currently applies to all generic top level domains (. com, net, org, etc. ), some country code top level domains, and to all new generic top level domains (. xyz, online, top, etc. ).

When ICANN was first set up, one of the core tasks assigned to it was "The Trademark Dilemma", the use of trade marks as domain names without the trademark owner's consent. By the late 1990s, such use was identified as problematic and likely to lead to consumers being misled. In the United Kingdom, the Court of Appeal described such domain names as "an instrument of fraud". One of the first steps was that Member States commissioned the United Nations World Intellectual Property Organization (WIPO) to produce a report on the tension between trademarks and domain names. Published on 30 April 1999, the WIPO Report recommended the establishment of a "mandatory administrative procedure concerning abusive registrations", which would allow for a "neutral venue in the context of disputes that are often international in nature." The procedure was not intended to deal with cases with competing rights, nor would it exclude the jurisdiction of the courts. It would, however, be mandatory in the sense that "each domain name application would, in the domain name agreement, be required to submit to the procedure if a claim was initiated against it by a third party. The WIPO Report also set out the current three stage test of the UDRP. At its meetings on August 25 and 26, 1999 in Santiago, Chile, the ICANN Board of Directors adopted the UDRP Policy, based on the recommendations contained in the Report of the WIPO Internet Domain Name Process, as well as comments submitted by registrars and other interested parties. On October 24, 1999, the ICANN Board adopted a set of Rules for Uniform Domain Name Dispute Resolution Policy (the UDRP Rules) setting out the procedures and other requirements for each stage of the dispute resolution administrative procedure. The procedure is administered by dispute resolution service providers accredited by ICANN. Following adoption by ICANN, the UDRP was launched on 1 December 1999, and the first case determined under it by WIPO was World Wrestling Federation Entertainment, Inc v. Michael Bosman, involving the domain name worldwrestlingfederation. com. Since then WIPO provides a globally used Jurisprudential Overview to summarize case law on a range of common and important substantive and procedural issues under the UDRP.

The UDRP process has been used in a number of well known cases. In the Madonna Ciccone, p/k/a Madonna v. Dan Parisi and "Madonna. com" case (2000), the panel found against the defendant registrant based on all three of the above factors and ordered the domain name turned over to Madonna. On the other hand, in the Gordon Sumner p/k/a Sting v Michael Urvan on the same year, American gamer Michael Urvan retained the right to domain name "sting. com" against the complaint of Sting, since the panel found that 'sting' was a common dictionary word, it was not registered as a trademark, and that Urvan was using the name in good faith rather than holding it to ransom. In the Wal Mart Stores, Inc. v. Richard MacLeod d/b/a For Sale case (2000), the decision describes the practice of cybersquatting. The UDRP was adopted to prevent such behavior where a domain name registrant tries to extort money from trademark owners. In this case, the expert found that the evidence showed the registrant was not using the domain name “wal martsucks. com” for a criticism site but instead try to get a payout from Walmart. The Oki Data Americas, Inc. v. ASD, Inc. case (2001) is one of the most cited "fair use" decisions under the UDRP, it raises the question of whether an authorized (and non authorized) sales or service agent of trademarked goods can use the trademark in a domain name. The Commissioners for HM Revenue and Customs v. Adil Khasanov case (2020) provides an example of the impact of the Covid 19 crisis in the Domain Name System, and the increasing number of fraudulent domain name registrations.

In 2012, ICANN launched a process to create new generic top level domains (gTLDs). Over 1,900 applications were made. As part of the expansion of the domain name system, ICANN introduced a number of new brand protection mechanisms. Opinions differ as to whether or not these new processes will be effective. Industry commentators predict that the UDRP will continue to be used, and that there will be a "substantial increase in cybersquatting". Evidence from previous expansions of the namespace, however, indicates the continued dominance of com both in size and as the first choice domain for cybersquatting (based on number of disputes). The WIPO Arbitration and Mediation Center was appointed by ICANN as the exclusive provider of dispute resolution services for trademark based "pre delegation" Legal Rights Objections (LRO) under ICANN New gTLD Program. The WIPO Center 2013 Report provides a resume and analysis in relation to the Legal Rights Objection (LRO) procedure where trademark owners could object to a new gTLD application they worried might infringe their rights.