Uniform Domain Name Dispute Resolution Policy Essay
Paper type: Essay
Words: 710, Paragraphs: 12, Pages: 3
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In October 24, 1999, the Internet Corporation for Assigned Names and Numbers or ICANN approved the implementation of a legitimate policy that addresses the relationship between registrars of domain names where individuals may register domain names, and the clients who register themselves for a domain name under the registrars. The registrars or endorsers of domain names include domain names ending in .
com, . org. , . edu, . net, etc.
Registrars also include those who operate under “country-code top-level” types of domains. The “country-code top-level” types of domains include domain names ending in . au, . nu, . tv, etc. The purpose of ICANN’s espousal of the policy on Uniform Domain Name Dispute Resolution is to set up permissible rules and guidelines that shall be embodied in a contract or settlement, called the Registration Agreement, concerning the registered client to a domain name and other parties.
The policy also ensures that clients who register under a domain name shall be accountable to the declarations agreed upon between the registrar and the client, as embodied within the Registration Agreement.
Therefore, the act of registering under a domain name does not end with the registration itself. Clients who own domain names should be knowledgeable about the laws and regulations that are embodied in the Registration Agreement and implement them as long as the said domain name exists.
When a client registers or renews a domain under the registrars of a domain name, he certifies the correctness and preciseness of the declarations written in the contract and settlement, that the client’s registration for a domain name under the registrar does not contravene with the rights of other factions, that the domain name under which the client is registered shall not be used for illegitimate functions, and shall not go against the recognized rules and guidelines for the use of the domain.
These are the rules, which clients should be informed about upon registration. Moreover, unlawful functions that the registered domain name commits should be the responsibility of the client to detect or identify. Perhaps, examples of these unlawful functions or violations include those that violate copyrights or right of ownership, or those sites that promote the same themes or ideas as that with other registered domain names or, etc.
It is the responsibility of the client to monitor subscribers or online users of the particular domain in order to determine if the domain name is being used unlawfully. For instance, subscribers of a domain name registered to a client, should also be warned and informed of legal clauses that fulfill their use or subscription under the domain name. At the same time, the client himself should be able to stray away from utilizing the domain name that offends other concerned parties.
The registrar for domain names reserves the right to revoke or modify registration of clients under circumstances wherein the client informs the registrar to discontinue his registration under the particular domain name, a law-implementing body or a directorial panel informs the registrar to discontinue the registration of a client under the particular domain name, and with regards to the Registration Agreement, such as the expiration of the registration, domain names subject to renewal, etc.
If the domain name registered under a client is found out to be operating illegally and implementing directives that are against the settlement, the client should be able to provide a mandatory administrative proceeding. This particular proceeding shall be handled by a body of service providers, which are in charge of the resolution of administrative disputes or arguments. The client shall be subject to provide a mandatory administrative proceeding under several reasons, such as the domain name be linked to another copyrighted trademark.
Overall, this particular policy protects the rights of owners of trademarks or marks that are related to service. In order to resolve the dispute between the client who registered under a domain name and the owner of a copyrighted trademark, revocation of registration of the relocation of the domain name to the owner of a copyrighted trademark who espoused the complaint shall be implemented.
ICANN. “Uniform Domain Name Dispute Resolution Policy. ” 15 Feb. 2002. Retrieved from the Internet Corporation for Assigned Names and Numbers 16 Apr. 2008 <http://www. icann. org/udrp/udrp-policy-24oct99. htm>.