n SA Mercantile Law Journal = SA Tydskrif vir Handelsreg - Not the lesser evil : amending the regulations for the resolution of domain name disputes in the '.za' domain to combat reverse domain name hijacking

Volume 24, Issue 4
  • ISSN : 1015-0099
  • E-ISSN: 1996-2185



'Cybersquatting' is 'the term most frequently used to describe the deliberate, bad faith abusive registration of a domain name in violation of rights in trade-marks or service marks'. This predatory and undesirable practice was the single most significant source of frustration and concern for trade-mark proprietors created by the exponential growth of the Internet and Internet-related commerce. By dint of necessity, to provide trade mark proprietors with an effective remedy against cybersquatting the novel concept of domain name dispute resolution was devised through the WIPO Domain Name Processes in the late 1990s. These processes resulted in the adoption of the Uniform Dispute Resolution Policy (UDRP) by the Internet Corporation for Assigned Names and Numbers (ICANN). This corporation oversees the architecture of the international domain name system (DNS), and the processes were designed as a viable alternative to jurisdictionally troublesome, expensive and lengthy court litigation. Since the adoption of the UDRP in 1999, domain name dispute resolution has matured into a notable field of theoretical discourse and practical application.

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