ICANN Rules

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Rules for Uniform Domain Name Dispute Resolution Policy

(the "Rules")

As approved by the ICANN Board of Directors on 30 October 2009.

Administrative proceedings for the resolution of disputes under the Uniform Dispute Resolution Policy adopted by ICANN shall be governed by these Rules and also the Supplemental Rules of the Provider administering the proceedings, as posted on its web site. To the extent that the Supplemental Rules of any Provider conflict with these Rules, these Rules supersede.

History

On 30 October 2009 the the ICANN Board of Directors approved various amendments to these UDRP Rules as proposed by the World Intellectual Property Organisation (WIPO) in a letter of 17 September 2009. In essence, these amendments removed the requirement for hard-copy submission of complaints and responses in order to reduce printing and postage costs and to enhance the efficiency of the UDRP process.

This revised version of the Rules is in effect for all UDRP proceedings in which a complaint is submitted to a provider on or after 1 March 2010. The prior version of the Rules, applicable to all proceedings in which a complaint was submitted to a Provider on or before 28 February 2010, is still available at http://www.icann.org/en/dndr/udrp/uniform-rules-24oct99-en.htm. UDRP Providers may elect to adopt the notice procedures set forth in these Rules prior to 1 March 2010.

It seems possible that some clerical mistakes were made when implementing these changes. For example, according to the "old" version of the Rules as archived on ICANN's website, paragraph 4(a) obliged the Provider to "forward the complaint". WIPO's final proposal to amend theses Rules, which ICANN's Board of Directors apparently approved on 30 October 2009 without any further modifications, wanted to change this word "forward" into "send" (without explaining why such change would be necessary or advisable). The Rules that are currently published on ICANN's website, however, still use the word "forward" and not "send". With paragraph 4(c) the situation is somewhat similar: The word "forwarding", which was used in the archived old version, has actually been changed into "sending" in the new version, even though WIPO's proposal did not make it clear that there would be such change. Similarly, the second sentence of the introductory paragraph cited above ("To the extent that the Supplemental Rules of any Provider conflict with these Rules, these Rules supersede.") is also neither contained in the "old" Rules nor in WIPO's proposal, but it is nevertheless stated on ICANN's website now as part of the official "new" Rules. It is not clear who has made these "corrections", and why.

Notes

(to be added)