Earticle

초록

영어

ICANN approved its Uniform Domain Name Dispute Resolution Policy(UDRP) on October 24, 1999. Since December 1999 when the first decision was made under the UDRP, there have been more than 6,000 UDRP proceedings and more than 110,000 domain names have been the subject matters of the dispute. In one sense, therefore, the UDRP proceeding has been very successful in resolving domain name disputes around the world. However, there have been arguments against the fairness of the UDRP procedure. According to the analysis of statistics on UDRP decisions, around 80 percent of the respondents have lost the case. In particular, when the responds defaulted, they lost almost all of the case. It has been argued that the UDRP procedure offers some advantages to the complainant. Korea needs to pay great attention to the issues on the substantial and the procedural unfairness of UDRP since many Koreans have been parties, in particular respondents, to a UDRP procedure. Furthermore, many Koreans, almost all of Korean respondents have lost the case. Therefore, Korea needs to fix the problem. This paper offers some suggestions for Korea's strategies to fix the problem. It further suggests that Korea reflect its interest on the formation of new international rules.

목차

I. 서론
 II. 도메인이름의 분쟁과 신청인의 승리경향
  1. 도메인이름 분쟁의 유형
  2. 신청인의 승리경향
  3. 신청인에게 유리한 판정의 해석
 III. 판정결과의 일관성에 대한 문제점
  1. UDRP 판정의 불일치성
  2. 등록자의 정당한 이용과 관련된 불일치의 예
  3. 인명과 관련되는 불일치의 예
  4. 판정결과의 불일치의 원인
 IV. 도메인이름의 역무단점유
 V. UDRP 절차적 불공정성
  1. 서론
  2. 중재판정부의 선임 및 구성의 문제점
  3. 통지 및 시간상의 문제점
  4. 법원에 의한 심리의 문제점
 VI. 결론
 참고문헌
 Abstract

키워드

도메인네임(Domain Name) 도메인네임체계[DNS(domain name system)] 역무단점유[reverse domain name hijacking(RDNH)] 판정부(panel) 법정의 선택(forum shopping) ICANN UDRP(Uniform Dispute Resolution Policy) gTLD ccTLD cybersquatting RUDRP

저자

• 이대희 [ Lee, Dae Hee | 인하대학교 지적재산권학과 ]

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