Ways to resolve disputes over domain name and trademark (Focusing on Uniform Domain Name Dispute Resolution Policy - UDRP)

As the emergence of the internet has brought a lot in all scientific and practical positive aspects, ‎with the possibility ‎of accessing intellectual property rights, it has created challenges in this ‎field. One of the common examples of ‎violation of these rights has been the phenomena of ‎cybersquatting, which the authors of this article should know by ‎examining the methods and ‎has raised the central question of legal ways to resolve the dispute caused by that. In ‎the ‎present research, first by descriptive method, the concepts of trademark, domain name, and ‎cybersquatting have ‎been defined. Then, with a method of analysis and comparison, the ‎process of hearing this category of claims in the ‎WIPO Mediation and Arbitration Center ‎with references to the Uniform Domain Name Dispute Resolution Policy ‎‎(icon), it has been ‎examined and compared with the existing methods in some national and regional law ‎systems.‎The findings of this research will reveal while the principle of the jurisdiction of the courts is universal, and there is ‎no doubt about the possibility of litigation in the national judiciary, still, the disadvantages of such a method, such as ‎the choice of the competent authority, the rule of law, and the execution of verdicts, have always led the parties to the ‎arbitration. In this regard, the UDRP rules contain rules for dealing with such claims that many countries have tried ‎to settle disputes arising out of the registration of a domain that is contrary to the rights of the trademark owner by ‎localizing its rules; The United Kingdom, Australia, and ASEAN members, among others, have different approaches. ‎