CWR > Volume 3(1); 2017 > Correspondence
Research Paper
Published online: March 1, 2017
DOI: http://dx.doi.org/10.14330/cwr.2017.3.1.07
A Brief Review of UDRP: Achievements, Challenges and Recommendations
Lingtong Kong
The University of Hong Kong
The University of Hong Kong, Pokfulam Road, Hong Kong
Corresponding Author: mamsds@connect.hku.hk
ⓒ Copyright YIJUN Institute of International Law. This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
Abstract
After its establishment in 1999, the UDRP has achieved great success despite criticism from many scholars. After the operation of a decade and a half, it is high time to review the mechanism. This paper firstly discusses the fundamental reason for the success of the UDRP - the centralized Internet management structure, as well as its institutional weakness - the unavoidable forum shopping caused by its competitive provider-selection mechanism. It also evaluates some suggestions commonly put forward by scholars, including improvements for the provider-selection mechanism as well as a 'precedent system' and why many of them are unpractical. The last part of the paper, based on the nature of the UDRP, raises some feasible recommendations, including the issuance of 'Comments' and diversification of panelists.
Keywords : UDRP, Internet Management, Precedent System
