Max Planck Institute published a review of the UDRP

15 January 2002

Jane Mutimear

The well respected Max Planck Institute for Foreign and International Patent, Copyright and Competition Law in Munich has published a study it conducted reviewing the workings of the Uniform Dispute Resolution Policy (UDRP), which resolves disputes concerning the top level domains, such as .com, .net and .org. The UDRP has been criticised in some quarters for being unfairly biased towards trade mark owners. The Study concluded that the UDRP is functioning satisfactorily and found no major flaws. It concluded that there some areas of the Policy which were worthy of further consideration, in particular the conditions under which a domain name is found to be "confusingly similar" to a trade mark, the measures which should be taken to safeguard the interests of free speech, and where the burden of proof lies in the proceedings.

A full copy of the Study can be found at:
www.intellecprop.mpg.de/Online-Publikationen/2002.UDRP-studt-final-02.doc