ECTA Members’ Voice: Final Report of the WIPO-ICA UDRP Review
By Stefan Bojovic (ECTA Internet Committee, MSA IP - Milojevic Sekulic & Associates, Serbia)and Diego Noesen (ECTA Internet Committee, Petillion, Belgium)The Final Report of the UDRP Review Project Team lead by World Intellectual Property Organization (WIPO) and the Internet Commerce Association (ICA) was published in December. The full Final Report is available here and the executive summary here.The Final Report represents the joint endeavour of wide range of stakeholders that are dealing with the UDRP on daily basis and which are, therefore, interested in the future of one of the most successful alternative dispute resolution mechanisms ever created. The UDRP has been in effect since 1999 and has been relied upon to resolve over 125,000 cases.The purpose of the Final Report is to support the Internet Corporation for Assigned Names and Numbers (ICANN) in Phase 2 Review of Rights Protection Mechanisms, which will deal with reviewing the UDRP. Phase 1 of the review process (which reviewed the Uniform Rapid Suspension system, the Trademark Clearinghouse and Sunrises and Claims Notices) took over 4 years to complete and has not been yet fully implemented 5 years on. Based on lessons learned from Phase 1, WIPO and ICA made a significant effort to gather all relevant stakeholders interested in the UDRP and created a comprehensive report that is aimed to help ICANN to have a more efficient, focused, and practical way forward in conducting Phase 2 review process.The Project Team, along with additional subject matter experts, included representatives from various fields such as UDRP panellists, scholars, UDRP practitioners, registrars, registrants, brand owners, UDRP providers, etc. After the Project Team published an Initial Report of the WIPO-ICA UDRP Review Project Team (Initial Report) in April 2025, around 80 additional comments were submitted from a broad range of individuals and organizations (comments available here). ECTA had an active role in this process and submitted its comments in the form of a Position Paper on 27 June 2025 (Position Paper here).As an outcome of this process, the Final Report identifies 23 subjects for potential consideration in ICANN’s Phase 2 review of the UDRP. These subjects were identified through consultations, deliberations, and review of previous ICANN and community discussions on potential targeted amendments to the UDRP and its overall framework. The Final Report divides relevant subjects in 4 categories, based on their potential to be adopted by wider community and the possibility of their prompt implementation, namely:Where there is agreement among the Project Team and the proposed recommendation is readily implementable (Category 1);Where there is agreement in principle among the Project Team but additional work is required on implementation particulars (Category 2);Where there is recognition among the Project Team that a solution or agreed direction has not yet been determined and that further study and consensus building may be warranted (Category 3); andWhere there is agreement amongst the Project Team that no change is needed or that the issue is unlikely to reach consensus (Category 4).This categorization is expected to provide a clear guideline to ICANN and to make the review process overall more efficient, as the consensus (or lack thereof) provided in the Final Report represents the view of a wide group of stakeholders, that, to some extent, mirrors the structure of stakeholders at ICANN that will ultimately work on Phase 2 review process. This means that even before the Phase 2 review process is initiated, ICANN has at its disposal a comprehensive overview of all relevant subjects of discussion and their categorization based on the widest possible pool of parties interested in the UDRP. It is, therefore, expected that the Final Report will indeed make a great impact on the UDRP review process and that ICANN will, to the widest extent possible, follow the recommendations provided by the Project Team. Further Read: Comprehensive overview of the Final Report and implementation of recommendations from ECTA Position PaperFor those who are interested in further reading, you can find here the comprehensive overview that demonstrates how points from the ECTA Position Paper on the WIPO-ICA Initial Report are addressed in the Final Report. In this overview you will also find short comments clarifying the evolution of recommendations based on feedback from ECTA and other stakeholders that contributed to public debate on the Initial Report. The comments provided in this overview reflect the view of the authors of this news item and do not necessary reflect the views of ECTA.-----The views expressed are those of our members and not necessarily of ECTA as an association. The content has not been subjected to a verification process, the accuracy of the information contained in the article is responsibility of the author.