The coronavirus is affecting the lives of just about everyone — and every business — in the world, so it will be interesting to see how it impacts cybersquatting, domain name disputes, and the Uniform Domain Name Dispute Resolution Policy (UDRP).
While it may be too early to know how the domain name system will respond to the coronavirus in the long-term, it is reassuring to know that the UDRP providers appear to be operating as normally as possible under the circumstances. Although only two of the six ICANN-approved UDRP providers have issued public statements on the coronavirus, their words and actions are helpful.
WIPO
The World Intellectual Property Organization (WIPO), the largest UDRP provider, has issued two updates on coronavirus in recent days:
On March 16, 2020, WIPO announced that its offices in Geneva would be closed except for “essential” personnel but that it is “able to continue to… administer… the WIPO Arbitration and Mediation Center,” which is responsible for the UDRP. The following day, WIPO said that although it was cancelling events in March and April, its “remote working arrangements” allowed for “ensuring business continuity.”
While WIPO has cancelled events for two months, the organization’s annual domain name workshop and panelists’ meetings are scheduled, as usual, for October. So, hopefully these events will take place as planned — because we all certainly will be relieved if the major disruptions caused by the coronavirus are long gone by then.
Update: In an notice apparently posted on March 20, 2020, WIPO wrote, in part:
As the situation continues to evolve and impact individuals and businesses worldwide, parties are kindly requested to understand that a degree of flexibility and discretion may be appropriate or necessary in individual case scenarios.
Forum
Similarly, the Forum (formerly the National Arbitration Forum), issued an update via email on March 18, 2020, stating that it had instituted a “remote work plan,” that there would be “no disruption to our users,” and that it “will remain fully operational and accessible for all matters and will continue to respond to all inquiries quickly and efficiently.”
Rules
The UDRP system allows for a paperless process, so trademark owners can continue to file their domain name dispute complaints electronically, case managers can presumably administer cases remotely, domain name registrants can still submit responses, and panelists can review files and write decisions from locations around the world, as has always been the case.
Fortunately, the UDRP rules were amended in 2010 to eliminate an old requirement that complaints and responses “shall be submitted in hard copy.” The current rules require that these documents “shall be submitted in electronic form.”
