General Information

All registrars in the .com, .net, and .org top-level domains follow the Uniform Domain-Name Dispute-Resolution Policy (often referred to as the "UDRP"). Under the policy, most types of trademark-based domain-name disputes must be resolved by agreement, court action, or arbitration before a registrar will cancel, suspend, or transfer a domain name. Disputes alleged to arise from abusive registrations of domain names (for example, cybersquatting) may be addressed by expedited administrative proceedings that the holder of trademark rights initiates by filing a complaint with an approved dispute-resolution service provider.

To invoke the policy, a trademark owner should either (a) file a complaint in a court of proper jurisdiction against the domain-name holder (or where appropriate an in-rem action concerning the domain name) or (b) in cases of abusive registration submit a complaint to an approved dispute-resolution service provider .

All registrars in the .ca top-level domains follow the CIRA Domain Name Dispute Policy. Complainants and domain name registrants may use consensual arbitration, mediation or any other process they may agree on to resolve disputes between them pertaining to a domain name registered with CIRA. Where the registrant does not consent to the use of a dispute resolution mechanism, a complainant may bring the dispute to a court of competent jurisdiction or invoke CIRA's dispute resolution policy.

The proposed CIRA Dispute Resolution Policy (CDRP) is modelled on the ICANN UDRP, but with modifications tailored to Canadian laws and rights, as well as CIRA's Canadian Presence Requirements. The CDRP will provide a forum where clear cases of bad faith registration of domain names can be dealt with relatively inexpensively and expeditiously. In its current form, the CDRP applies to cases of bad faith registration of the domain name. Bad faith use is not required, as it is under ICANN, but this issue is one on which comment is explicitly invited in the public consultation on the CDRP.

The CDRP will be carried out in accordance with CIRA CDRP Rules (Procedural Rules). The Procedural Rules will probably also be modelled on the ICANN UDRP Rules, although modified for the CIRA system.