Elliot L. Franklin

Elliot L. FranklinClass of 2013
Contributing Editor, Volume 38
Staff, Volume 37

Blog Posts

ICANN and Domain Name Dispute Resolution

In his presentation on January 27, Professor Kesan returned to a topic he has written about twice before: ICANN and its domain name dispute resolution process, UDRP. His newest foray into this subject takes a step beyond ICANN and UDRP to examine other ways parties to international domain name disputes resolve their issues. After selecting 138 countries to research, he found that there are three main dispute resolution mechanisms: ICANN’s UDRP, private arbitration systems that closely follow the UDRP, and domestic courts systems. This research brought up some very interesting correlations, namely that the status of a country’s economy was often determinative of the dispute resolution system it adopted. Countries with developed economies, or less developed countries with sophisticated IT sectors like India, mostly used private dispute resolution systems while developing countries used either UDRP or their own domestic court systems. Further, the system of choice for developing countries often came down to the countries’ desire to lure in foreign investors, with countries seeking foreign investors using UDRP’s protocols and countries still on AOL using their own domestic court systems.


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No Comments | Posted by Elliot L. Franklin on Sun. February 26, 2012 12:09 PM
Categories: Trademark Law Internationally
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