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Friday, March 15, 2019

WIPO Reports Record Surge in Domain Name Disputes and IP ADR Cases in 2018

Trademark owners filed unprecedented cybersquatting complaints under UDRP, while mediation and arbitration cases also rose significantly

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WIPO Reports Record Surge in Domain Name Disputes and IP ADR Cases in 2018

The World Intellectual Property Organization (WIPO) recorded a historic high in domain name dispute cases in 2018, receiving 3,447 filings from trademark owners globally. This figure represents a 12 percent increase compared to 2017 and involved disputes over a total of 5,655 domain names, according to a WIPO press release.

These cases were filed under WIPO’s Arbitration and Mediation Center pursuant to the Uniform Domain Name Dispute Resolution Policy (UDRP), a widely used mechanism for resolving cybersquatting and related domain name conflicts without resorting to litigation.

WIPO Director General Francis Gurry emphasized the ongoing risks posed by cybersquatting, stating, “Domain names involving fraud and phishing or counterfeit goods pose the most obvious threats, but all forms of cybersquatting affect consumers.” He added, “WIPO’s UDRP caseload reflects the continuing need for vigilance on the part of trademark owners around the world.”

The 2018 disputes involved domain names registered across various top-level domains (TLDs). Notably, 13 percent of cases concerned new generic TLDs such as .online, .life, and .app, while the majority—73 percent—related to the traditional .com domain.

Geographically, the cases spanned parties from 109 countries. The United States led with 976 filings, followed by France with 553, the United Kingdom with 305, Germany with 244, and Switzerland with 193 cases.

Sector-wise, the highest volume of complaints originated from banking and finance (12 percent), biotechnology and pharmaceuticals (11 percent), and Internet and information technology (11 percent).

Since administering its first UDRP case in 1999, WIPO has surpassed a cumulative total of 42,500 case filings involving over 78,500 domain names as of 2018.

Beyond domain name disputes, WIPO’s Arbitration and Mediation Center also saw a 15 percent increase in alternative dispute resolution cases related to intellectual property. In 2018, it received 60 cases involving mediation, arbitration, and expert determination across various IP sectors.

Additionally, the Center handled 95 “good-offices” requests, which are informal interventions where no formal dispute resolution agreement exists between the parties.

Patent-related disputes constituted the largest category within WIPO’s broader IP caseload, followed by cases involving information and communications technology (ICT), trademarks, and copyrights.

The types of agreements and transactions subject to dispute resolution included research and development agreements, patent licensing, trademark coexistence, distribution agreements, software contracts, film co-productions, and consortium arrangements.

The primary users of WIPO’s mediation and arbitration services were companies, including multinational corporations and small- and medium-sized enterprises (SMEs). Other users included individuals, research institutions, universities, and copyright collective management organizations.

Regionally, European parties filed the majority of cases (53 percent), followed by North America, Asia, Latin America, and Africa.

WIPO’s Arbitration and Mediation Center operates as a neutral, international, and non-profit provider of alternative dispute resolution options. It offers efficient, cost-effective mechanisms for resolving domestic and cross-border intellectual property and technology disputes outside of court, according to WIPO’s official website.

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WIPO Reports Record Surge in Domain Name Disputes and IP ADR Cases in 2018 In 2018, the World Intellectual Property Organization’s Arbitration and Mediation Center experienced a record volume of domain name dispute filings, with 3,447 cases submitted under the Uniform Domain Name Dispute Resol... Read the full IIPLA article: https://iipla.org/news/wipo-reports-record-surge-in-domain-name-disputes-and-ip-adr-cases-in-2018

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