قواعد إيكان الموحدة (UDRP)‎ لتسوية منازعات أسماء النطاق و العلامات التجارية

Abstract EN

The research deals with the uniform domain names disputes Resolution Policy (UDRP) (ICANN's policy).

The aim of study is to analysis the legal principles of that policy, and to study the application of the content of the UDRP by the Center for Arbitration and Mediation Centre of the World Intellectual Property Organization (WIPO).

To achieve its goal, the research is divided into three sections: first section is devoted to trademarks and domain names and causes of conflict between them.

It deals with trademarks and its importance, regulation, legal protection, as well as to the nature of domain names and their significance, and to address this topic as well as the manifestations and causes of conflicts between trademarks and domain names.

The second section focuses on the analysis of the underline principles of the UDRP and its procedural rules.

It deals with the legal principles of the UDRP, which includes the burden of proof, bad faith, and legitimate interest in the domain name.

Finally, the third section studies the legal foundations of the UDRP and its applications, through the application of the WIPO legal concepts of the UDRP, such as bad faith of trademark owner (the reverse hijacking), and the legitimacy use of the domain name.

Also, it addresses the issue of the use of a trademark as a domain name by a distributor, and the registration and use of the domain name to tarnish the trademark, and the applicable law issue.