Tuesday, January 12, 2010

ICANN's New URDP "Electronic-Only" Filing Rules Go Into Effect March 1

On October 30, 2009 the Internet Corporation for Assigned Names and Numbers (ICANN) approved amending its Uniform Domain Name Dispute Resolution Policy (URDP) rules to require that effective March 1, 2010, URDP complaints and other pleadings be submitted in electronic format only. Historically URDP complaints and responses were required to be submitted to the opposing party and the domain provider in paper or electronic format. Providers will still be required to forward a hard copy notice that a UDRP complaint has been filed.

The new electronic-only rules will apply to complaints filed with providers on or after March 1, 2010. The current rules will apply to complaints filed with providers up to and including February 28, 2010. Providers may adopt the new rules prior to March 1 but parties who do not wish to submit documents in electronic format will have the option of filing documents in paper format until March 1. The ICANN website states that "[p]roviders may allow, but must not require, UDRP complainants and respondents to submit complaints and responses in electronic form prior to 1 March 2010. For all UDRP proceedings filed on or before 28 February 2010, complainants and respondents may elect to submit their documents in hard copy form, as set forth in the original Rules."

Organizations such as the World Intellectual Property Organization (WIPO) have already implemented the new electronic-only rule to be effective March 1. According to the WIPO website, "[t]he modified Rules become mandatory on March 1, 2010, and prior to that, provision is made for the optional filing of UDRP pleadings in electronic-format by email and notification in accordance with the new Written Notice provisions in the modified Rules. The WIPO Center will be inviting such filings and commencing use of the Written Notice provisions as of December 14, 2009. Parties who elect not to make use of this new WIPO facility may continue to file pleadings in hard copy up until February 28, 2010."

Read ICANN's press release regarding the new rules here.

Read WIPO's announcement implementing the rules here.

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