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Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.

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Anthonia Ghalamkarizadeh
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Swiss DRP: some statistics

Since its inception in March 2004 until April 2009, 129 cases have been started under the Dispute Resolution Policy for the TLDs .ch and .li (the "Swiss DRP). That does not sound like a lot, especially compared to the about 15,000 cases under the URDRP for the same period. However, put into perspective of the increase in the number of registered domain names - roughly 630,000 in the .ch TLD compared to 60 million in the .com, .net and .org TLDs - the number is not that small. In Switzerland, about one in 4,200 newly registered domain names is subject to a dispute, in the generic TLDs, about one in 2,200. Given the potentially greater value of a ".com" address, that seems about right.

The complainant prevails in 70% of the decided cases under the Swiss DRP. That is somewhat less than the 85% success rate under the UDRP. There are 16 experts on the WIPO list of experts for the Swiss DRP; two of them have between them decided almost half of the cases. They decided in 77% of the cases for the complainant, compared to 65% for the other experts. This could indicate that they are chosen because they are more inclined to decide for the complainant (see Geist), however, given the small sample size, the difference is probably due to chance (Pearsons-Chi-Square 1.102, p=0.294).

The respondents replies in about half the cases; unsurprisingly, the success rate of the complainant is much higher (94%) if the respondent fails to respond than if he responds (45%). This must not mean, however, that responding as such greatly improves the chances of the respondent, rather, if there is a clear case of abuse, the respondent probably prefers not to reply. In two cases, the expert decided against the complainant although the respondent did not answer.

Posted by: Mark Schweizer @ 10.03
Tags: Domain name disputes, Switzerland, UDRP,
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MARQUES does not guarantee the accuracy of the information in this blog. The views are those of the individual contributors and do not necessarily reflect those of MARQUES. Seek professional advice before action on any information included here.

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