An analysis of the UDRP experience – Is it time for reform?

ICANN with its Uniform Dispute Resolution Policy (UDRP) has achieved the development of a transparent global online dispute resolution procedure based on contractual adherence that allows trade mark owners to fight efficiently against cybersquatting. This paper may be divided into two main parts. First, the interpretation of the UDRP policy is discussed at the light of UDRP panel decisions. Second, it evaluates the UDRP rules, which have been harshly criticized for the use of proceedings that are seen to favour complainants. From the creation of the UDRP up until now the UDRP has not shown any intention to reform itself despite existing criticisms. After nearly a decade of experience it appears clear that the UDRP needs to be reviewed if it aims to provide, not only an efficient but a fair procedure too. This article examines these issues and concludes by considering what the main steps might be in the reform of ICANN's UDRP.