The JP Domain Name Resolution Policy (JP-DRP) was modeled on the Uniform Domain-Name Dispute-Resolution Policy (UDRP), but some of its provisions do not simply reproduce the provisions of the UDRP as they stand and have been partially localized to reflect conditions in Japan.

(1) “Trademark” as basis for complaint

Under the UDRP, the basis for a complaint is “trademark or service mark”, and well-known personal names, etc. are treated as included in this. However, in Japan, if “trademark” is entered as the basis for the complaint, this will be construed as being restricted to “trademarks” as defined under Japanese Trademark Act, and not including well-known personal names, etc. Given that well-known personal names, etc. may easily become a target for cyber-squatting, the JP-DRP has “trademark or other indication” as the basis of the complaint. This can be interpreted a little more broadly than “trademark” as defined under the Trademark Act and allows both well-known personal names and trademarks, etc. to be included.

(2) Determining registration and use in bad faith/for unfair purposes

Under the UDRP, complainants are required to prove that the domain name has been registered “and” is being used for unfair purposes. Under the JP-DRP, the complaint will be accepted if the domain name has been registered “or” is being used for unfair purposes.