ICANN announces the implementation of amended rules for the Uniform Domain Name Dispute Resolution Policy (UDRP).
These amendments to the UDRP rules are designed to reduce the risk of cyberflight during a UDRP proceeding. That is, to make sure that Domain Name is locked in no time and the Respondent does not attempt to transfer the Domain Name to another Registrar.
Cyber-flying or cyber-flight means changing ownership of a domain name with intent to escape a current dispute. If such cyber-flight occurs during a pending administrative proceeding, the transfer of the domain name should generally be cancelled. See, e.g. British Broadcasting Corporation v. Data Art Corporation / Stoneybrook, WIPO Case No. D2000-0683. Where found, cyber-flight may also be indicative of bad faith on the part of a respondent in UDRP proceedings. [Case No. D2006-0917]
The UDRP is a consensus policy that is applicable to all ICANN-accredited registrars. The updates include:
“Lock” and “pendency” are now defined terms in the UDRP Rules;
UDRP complainants no longer have to transmit a copy of the complaint to the respondent (rule 3(b)(xii));
Rule 4(b) requires registrars to lock the disputed domain name(s) within two (2) business days of receiving a UDRP complaint from a UDRP provider;
Rule 4(e) provides that when a UDRP provider informs the registrar that the UDRP proceeding has been withdrawn or dismissed, the registrar must remove the lock within one (1) business day of receiving notice;
Rule 5(b) provides that respondents may request an additional four (4) calendar days to respond to a complaint and UDRP providers will automatically grant the extension, if requested;
Rule 16(a) provides that registrars must notify the parties, the provider and ICANN of the date for implementation of the decision within three (3) business days of receiving the decision from the provider;
Rule 17 outlines a new procedure to be used in cases that are settled between parties outside the UDRP case.