RGPD

The Evolution of UDRP Procedures: What You Need to Know in 2025

The Uniform Domain-Name Dispute-Resolution Policy (UDRP), established in 1999, has been a cornerstone in addressing cybersquatting and domain name disputes . As we move into 2025, it is imperative for trademark owners, legal professionals, and businesses to understand the recent advancements and the anticipated changes shaping this critical mechanism. Awareness of these developments is essential to safeguard intellectual property in an increasingly complex digital environment.

Overview of the UDRP

The UDRP provides a streamlined, cost-effective alternative to litigation for resolving disputes over domain names registered in bad faith. This non-judicial policy is administered by renowned arbitration providers, including the World Intellectual Property Organization (WIPO), and has resolved over 76,000 cases concerning more than 143,000 domain names as of 2023. In 2023 alone, WIPO received a record-breaking 5,616 UDRP complaints, reflecting a 7% increase compared to 2022. Its enduring success lies in its efficiency, typically achieving resolution within 60 days, and its global applicability across multiple top-level domains (TLDs).

Key Developments in UDRP Procedures

Increased Caseload and Efficiency

The number of UDRP cases has surged in recent years, demonstrating the policy’s effectiveness in tackling domain-related infringements. Between 2019 and 2023, the number of cases handled by WIPO increased by 36%, highlighting the growing reliance of trademark owners on this mechanism. Despite this rising caseload, the system continues to resolve disputes promptly, maintaining its hallmark efficiency

Adaptation to New gTLDs

The expansion of the domain name system, particularly with the introduction of new generic top-level domains (gTLDs), has presented challenges and opportunities for the UDRP. The policy has proven adaptable, extending its applicability to these new gTLDs and ensuring that trademark owners can address infringements across a broader spectrum of domain names. In 2023, nearly 30% of UDRP complaints concerned domains registered under new gTLDs such as .xyz, .online, and .shop.

Integration of Electronic Procedures

In response to the digital transformation of legal processes, the UDRP has integrated electronic procedures to enhance efficiency and accessibility. The World Intellectual Property Organization (WIPO) has implemented fully electronic procedures for UDRP cases, eliminating the need for paper filings and streamlining the dispute resolution process. This modernization ensures that the UDRP remains relevant in a fast-evolving technological era.

Proposed Reforms and Future Perspectives

Calls for Financial Penalties

Since 2015, there have been discussions about introducing financial penalties for respondents found guilty of cybersquatting under the UDRP. Proponents argue that such measures would serve as a stronger deterrent against bad-faith registrations. However, critics caution that imposing financial penalties could complicate the UDRP’s streamlined process and potentially deter legitimate claims.

Addressing Privacy Regulations

The implementation of privacy regulations, such as the General Data Protection Regulation (GDPR) in the European Union, has impacted the availability of domain registrant information. This has posed challenges for complainants in identifying and pursuing cases against infringing domain name holders. The UDRP is exploring mechanisms to balance the need for transparency in dispute resolution with compliance to privacy laws.

Conclusion

The UDRP continues to play a pivotal role in protecting intellectual property rights in the digital realm. Its adaptability to increasing caseloads, new gTLDs, and digital processes has cemented its position as an indispensable tool for combating cybersquatting. Nevertheless, ongoing discussions about reforms, including financial penalties and privacy compliance, highlight the dynamic nature of the UDRP and its capacity for evolution.

As we advance into 2025, staying informed about these changes is essential for stakeholders to effectively navigate domain disputes.

Contact Dreyfus Law Firm today to discuss your UDRP dispute resolution needs. With recognized expertise in domain name protection, we assist you at every stage of the process, from identifying infringements to resolving disputes. Thanks to our strategic approach and international network, we help you secure and defend your digital identity against cybersquatting attempts.

Dreyfus Law Firm partners with a global network of intellectual property law specialists.

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Data protection : what are today’s real issues?

 

Consumers are now demanding more privacy and security in t he processing of their personal data.

What are the challenges for the data controller?

There are several challenges for the data controll

er – i.e. the legal or natural person who determines the purposes and means of a processing operation – to overcome at different scales:

information management: reducing the data collected by establishing a precise commercial context, and reducing the risks by taking care of the contracts;

communication with suppliers: being able to find solutions and evaluate each other;

monitoring of data processing: setting up mechanisms for reporting data breaches or threats concerning suppliers (for example, if Easyjet has had a data breach, the data controller, operating in the same business sector as the airline, if notified, can redirect its decisions.

 

What are the risk management methods?

A more effective risk management includes precise identification of suppliers, prior audits when integrating new suppliers, automation of evaluation and control processes, and risk prevention to protect data.

What about cookies?

They are used to collect data. Their presence is materialized by the banners you find on websites that ask for your consent to collect certain data.

In summary, there are 3 types of cookies:

– cookies strictly necessary for the operation of the site;

– cookies intended to improve the performance and functionality of the site;

– advertising cookies (which will soon disappear, Firefox has already put an end to them, and Google has announced that Chrome will no longer use them in 2021).

How do I collect online consent?

Remember that in France, consent must be free, specific, informed and unambiguous (GDPR).

Nevertheless, in order to collect consent, the user must understand what he is consenting to. He must receive clear information (purpose and duration of the use of cookies, list of third parties with whom the information is shared etc…) and the data controller must be particularly attentive to the layout of his banner.

What should be the role of the DPO (Data Protection Officer) in a modern company?

If the company promotes ethics, innovation, data, then the DPO has a key role: they shed light on data collection, and bring their vision on risks from an individual’s point of view.

In the past, their role was purely administrative, but today it is different, the DPO accompanies the company on a permanent basis, but they cannot guarantee compliance on their own: they have to expand a web within the organization (with the digital or marketing departments in particular) in order to promote the essential principles.

What changes are taking place within companies, in terms of GDPR awareness?

When GDPR came into force, programs were launc

hed to raise awareness of it, , and it was necessary to mobilize the entities and ensure they had good skills (setting up e-learning internally, for example).

Despite the existing similarities in legislation, what differences persist and what are the challenges that companies have to face in this respect?

There are technical differences (in terms of data retention time, each country has its obligations) and very important cultural differences, the way in which people in different countries deal with these subjects depends on their history. Consequently, it is difficult to find “golden rules” (= harmonized rules).

How can organizations benefit from their compliance efforts?

One way to recognize that companies have done their job properly is through certifications, such as HDS certification.

 

Dreyfus helps you to comply with these new legislations.

 

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