Complaints should now only be sent to the WIPO and no longer also to the domain name holder. This should avoid the domain name holder assigning the domain name to a third party before it is blocked by the registrar (referred to as cyber flight).
Registrars’ obligations for blocking are now defined more precisely, such that cyber flight is no longer possible. In particular, they must advise the WIPO within two working days who the domain name holder is and confirm that they have blocked the domain name. Any amendments to the address, e.g. by a proxy, or privacy service provider – this is a service provider for anonymising holder information – may only be made within these two days and prior to verification of holder details. If an address is changed after these two working days, this will be taken into account by the decision-making panel when making a decision on the domain name.
For a settlement between parties, there is now a procedure which should avoid long-term suspension of dispute resolution cases. The registrar is now informed of the suspension and, if the parties agree to settle, there is a standard settlement form for completion. The WIPO then confirms to the registrar, whether the domain name should be transferred to the complainant or whether the block should be lifted. The complainant must then confirm execution of the transfer of the domain name to the WIPO, whereupon the WIPO closes the procedure.