도메인네임분쟁의 국제적 해결방법의 Forum Shopping과 1인 심판부 제도의 문제점 = A Study on Procedural Problems of International Domain Name Dispute Resolution; Focusing on the Forum Shopping and One-member Panel Problems

다국어 초록 (Multilingual Abstract)

In order to meet this need for evicting cybersquatters, the Internet Corporation for Assigned Names and Numbers(“ICANN”) implemented the Uniform Domain Name Dispute Resolution Policy to afford trademark owners an international, non-judicial system against clear cases of abusive cybersquatting in the form of an expedited global administrative proceeding. Actually, the UDRP has apparently evolved into a globally popular solution for the battle against cybersquatting by providing a comparatively cost effective, expeditious, efficient alternative to international litigation. Despite the UDRP`s apparent success, the UDRP has been the subject of considerable criticism due to certain substantive and procedural problems revealed by its operation, the most telling of which include: UDRP policy bias in favor of trademark owners over domain name owners, forum shopping, reverse domain name hijacking, suppression of legitimate criticism sites and the lack of proper appellate procedures other than a costly sojourn in the courts. Thus, improvements in the UDRP system are vital for the continued success of the domain name dispute resolution system and its being reborn as a more fair and comprehensive global policy. If the UDRP could be reinforced with new mechanisms to cure its shortcomings, it would be a good model for resolving Internet domain name disputes until international treaties or substantive law emerge agreeing on one set of rules which would apply only to Internet disputes.

참고문헌 (Reference)

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