Monday, 29 October 2012

Cybersquatting Emirates Style: the UAE Domain Name Dispute Resolution Policy

In "Domain Names: New Domain Name Dispute Resolution Policy for ".ae" and "امارات." Top Level Domains" 22 Jan 2011, I outlined the domain name registration system for the United Arab Emirates  country code top level domain name space (".ae" and "امارات.") and its domain name dispute resolution policy (the UAE Dispute Resolution Policy ("UAE DRP"))..

As I explained in that article, the UAE DRP is modelled on ICANN's Uniform Domain Name Dispute Policy ("UDRP") and managed by the World Intellectual Property Organization ("WIPO") and cases come before the same panellists who decide cases under the UDRP.  WIPO currently has one Emirates resident on its list, namely  Ms. Hoda Barakat of Dubai, but WIPO's policy is to appoint a panellist from a third country where the parties are from different countries.   Only when the parties are from the same country will WIPO appoint a panellist from that country.

The cases that have been resolved in accordance with the UAE DRP since 2006 are listed on the WIPO UDRP Domain Name Decisions (ccTLD) page of the WIPO website.   As of today there have been 16 decisions and all but 2 have resulted in an order for the transfer of the disputed domain name to the complainant.  The two that have been determined differently - DAE2006-0001 (<morganstanley.ae>) and DAE2008-0002 (<loreal.ae>) - have been "terminated."  Most of those cases have been decided by single panellists but a few have been decided by 3 member panels.

An index of the decisions appears below:
One of the areas of law in which these chambers specialize is domain name dispute resolution (see the NIPC Domains website). Should you or your client require advice or representation in a domain name dispute in the ".ae" top level domain or elsewhere we shall be glad to help.  You can call us on +44 161 850 0080 or  send a message through my contact page.  You can also follow me on Facebook, Linkedin, Xing or twitter.

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