A Critical and Comparative Review of auDRP and UDRP Domain Name Decisions

Abstract

Domain names are simplified internet addresses which provide a shorthand way to connect to webpages on the internet. The exponential increase in the use of the internet has led to a growing number of disputes relating to the registration and use of domain names. This has also led to the development of legal and quasi‐legal rules relating to the management of domain names and domain name disputes. The Uniform Domain Name Dispute Resolution Policy (“UDRP”), which was implemented in 1999, provides the international legal framework for the resolution of domain name disputes concerning generic top‐level domains (“gTLDs”), such as “.com”. National authorities provide corresponding policies for the resolution of domain name disputes concerning country code top‐level domains (“ccTLDs”), such as “.au”. The relevant national policy governing .au domain name disputes is the .au Dispute Resolution Policy (“auDRP”), which came into force in 2002. Both the auDRP and UDRP have proven to be an effective mechanism for the quicker and cheaper resolution of domain name disputes. While there has been considerable academic discourse on the UDRP, there has been very little commentary written on the auDRP. The aim of this paper is to fill the gap in knowledge on the auDRP by providing a critical and comparative review of key decisions under both the international and Australian domain name policies.