Cyber-squatters still operate
The number of cybersquatting cases registered last year was an improvement from an average of five-per-day in 1999, but the level was barely changed from 2002 due to the growing number of domain name spaces and more relaxed rules for registering country code addresses, a WIPO spokesman said.
A trademark owner has the right to complain to the United Nations’ intellectual property unit if he or she believes their name is being used on an internet site by a third party without their authority.
Asked whether the sustained level of complaints indicated the arbitration system was failing to deter cyber-squatters and should be strengthened, a WIPO official explained that a balance had to be made between providing an effective enforcement mechanism and not over-stepping legal boundaries.
At present, both parties in a domain name dispute have the right to go to court to challenge a WIPO ruling or to pursue financial damages for trademark infringement, said Eric Wilbers, deputy director of the WIPO’s arbitration centre.