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Dispute Resolution and Arbitration

2004

Duke Law

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Wither The Udrp: Autonomous, Americanized Or Cosmopolitan?, Laurence R. Helfer Jan 2004

Wither The Udrp: Autonomous, Americanized Or Cosmopolitan?, Laurence R. Helfer

Faculty Scholarship

Recently, assessments of the performance of the Uniform Domain Name Dispute Resolution Policy (UDRP) have stressed the need for institutional and procedural reforms relating to issues such as forum shopping, panel selection, and pleading rules. Far less attention, however, has been paid to a different set of issues critical to assessing the UDRP's performance: its relationship to national courts and to national intellectual property laws. There are three different ways in which this relationship might evolve to change the present structure and functions of the UDRP. First, the UDRP might be made more autonomous in character, transforming it into a …