WIPO (World Intellectual Property), through its Arbitration and Mediation, created in 1994, interacts with ICANN, providing quick and effective mechanisms for disputes resolution relating to Internet domain names, without recourse to the Courts. This service includes the Dispute Policy in Domain Name (Uniform Policy), under which the Center has administered more than 30,000 cases.
ICANN (Internet Corporation for Assigned Names and Numbers) is presented as a world authority on Internet domain names, but how it acts in disputes resolution?
In this regard, WIPO (World Intellectual Property), through its Arbitration and Mediation Center, created in 1994, interacts with ICANN, providing quick and effective mechanisms for disputes resolution relating to Internet domain names, without recourse to the Courts. This service includes the Dispute Policy in Domain Name (Uniform Policy), under which the Center has administered more than 30,000 cases.
WIPO is the leading provider of disputes resolution services in the field of Internet domain names a.k.a., cybersquatting.
The procedure for disputes resolution is conducted electronically and, within just two months, concludes with enforceable judgments. Paraguay has adopted the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, by Law 948/1996.
Depending on the number of experts of the group and the number of domain names included in the application, rates range goes from USD 1500 to USD 5000 (administrative fee and fees of the expert group).
The WIPO Arbitration and Mediation Center, promotes the resolution of international commercial disputes between private parties by means of alternative dispute resolution (in its English acronym ADR).
The arbitration, mediation and expert decision offered by the Center, developed by renowned experts in solving international disputes, are considered particularly suitable for disputes in the field of technology, entertainment and other disputes involving intellectual property worldwide.
Disputes include both contractual matters (e.g. patent licensing and software coexistence agreements relating to trade marks, distribution agreements for pharmaceutical and research and development agreements) and non- contractual (e.g. patent infringement).
One of the services the Center offers is the electronic filing service, which facilitates the parties, experts and the Centre, filing, and access to the documents from anywhere in the world via Internet.
Once formally initiated the administrative procedure, the Center publishes on its website, information relating to the case: the name or domain name in question, the date of the formal initiation of the administrative procedure and the status of the procedure. The Center also makes available to interested parties on its website resolutions issued pursuant to the Uniform Policy, by case number assigned topics or through a search index.
The Center will not disclose any other information on the procedure.
Unless the parties to the administrative proceedings decide otherwise and subject to the provisions set forth in the registration agreement related to the domain name in question, the language of the administrative proceeding shall be the language of principle relevant registration agreement.
However, the panel of experts is empowered to decide if a different language could be used, taking into consideration the circumstances of the administrative proceeding (e.g. the nationality of the parties, the language of the documentation).
The panel of experts is also empowered to order parties to translate documents not included in the language of the administrative proceeding.
The Centre has mobilized necessary to establish an operational and legal framework for managing disputes involving Internet and e-commerce resources. This has been achieved, to be recognized as one of the leading providers of dispute resolution services that raise the registration and use of Internet domain names.