INSURING CONSISTENCY WITHIN THE WIPO’S UDRP DECISIONS ON DOMAIN NAMES LITIGATIONS

oleh: BEATRICE ONICA JARKA

Format: Article
Diterbitkan: Nicolae Titulescu University Publishing House 2011-04-01

Deskripsi

The paper presents the need of insuring consistency within the domain name litigations starting with the adoption of the UDRP as a mean to insure uniform dispute resolution and continuing with the creation and application of the different practical instruments of insuring consistency identified and used by the few providers of UDRP services. The paper shall focus on the UDRP’s application by the WIPO Mediation and Arbitration Center and the consistency issues under UDRP, by analyzing the working instruments of insuring this consistency at the level of Administrative Panel’s decision and how these instruments are thought within the UDRP WIPO’s practice. Further the paper shall analyze the correspondence between the independence of the Administrative Panel and the consistency issues and shall conclude on the need to insure consistency as a prerequisite for predictability and stability of the domain names dispute resolution.