Variation of the UDRP adopted

NIC Bolivia, the registry responsible for Bolivia's country-code top-level domain (ccTLD), '.bo', has adopted a variation of the Uniform Domain Name Dispute Resolution Policy (UDRP). 
The Internet Corporation for Assigned Names and Numbers introduced the UDRP in 1999 as a remedy for simple and obvious cases of cybersquatting of domain names registered under TLDs such as '.com' and '.net'. Many ccTLD registries have adopted the UDRP - or a variation thereof - for the resolution of disputes under their ccTLD. 
Cases brought in connection with '.bo' domain names may be administered by the World Intellectual Property Organization's Arbitration and Mediation Centre. To obtain the transfer of a '.bo' domain name under Bolivia's variation of the UDRP, a complainant must establish that:
  • the domain name at issue is identical or confusingly similar to a trademark or service mark in which the complainant has rights previously registered or applied for in Bolivia;
  • the respondent has no rights or legitimate interests in the domain name; and
  • the domain name has been registered or is being used in bad faith.
Apart from the local trademark requirement, the major difference between the UDRP and Bolivia's variation is that for a complainant to succeed under the UDRP, both registration and use in bad faith must be proved. Such accumulation of factors is not required under the Bolivian procedure, where either registration or use in bad faith must be established. This will no doubt make it easier to succeed under the new procedure than under the UDRP. 
David Taylor, Lovells LLP, Paris

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