The Legal Position of UDRP Decision —Focus on Chinese and Taiwanese Court Judgment

The Legal Position of UDRP Decision —Focus on Chinese and Taiwanese Court Judgment

 

Title
The Legal Position of UDRP Decision —Focus on Chinese and Taiwanese Court Judgment
Author
Chih-Hong (Henry) Tsai
Keywords
UDRP, TWDRP, Cybersquatting, ICANN, Domain Name, Trademark, Internet
Abstract
UDRP (Uniform Domain Name Dispute Resolution Policy) is neither national
law nor international treaty. Even so, it solves hundreds of thousands domain name
disputes. What is its legal position under the current law? It is a question worthy
for the academic study and cannot be voided in the judicial practice. This article
firstly discusses the different kinds of possible legal positions for UDRP decision,
then argues that UDRP decision shall have no legal effect under the current law
from the view of national judicial sovereignty, the legislative intent of UDRP, and
party’s right. This article also makes an empirical study on Chinese and Taiwanese
Court Judgments. In the study, this article finds that China has an uniform judicial
explanation from the Supreme People’s Court that correctly guide the lower courts
to deal with the UDRP decision. In the contrast, Taiwan has splitting opinions
among several judgments. This article gives its comments on Chinese the judicial
explanation and several court opinions concerning the above issue, and expects that the law for the conflict between trademark and domain name has a good development
and same treatment all over the world.
Abstract Article

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