WHOIS, GDPR and ICANN: Policing and Protecting IP Rights Post-GDPR

Description

GDPR, which went into effect in 2018, expanded the circumstances to which EU data protection law applies to companies outside the EU and subjects organizations that do business in the EU or transfer personal data outside of the EU with increased responsibilities and obligations concerning privacy and data protection.

Until GDPR, the Internet Corporation for Assigned Names and Numbers (ICANN) required domain name registrars and certain registry operators to collect and make available domain name registration information via WHOIS lookup. Following the implementation of GDPR, ICANN’s new rules hamper the ability of brand owners and others in using WHOIS searches to identify malicious domains and research infringement claims and protect their IP rights on the internet.

ICANN has attempted to resolve the issues through changes in its system, with more changes on the way. But the net affect at this point in time is that IP owners have limited access to useful data and some say ICANN has over-complied with GDPR making the situation for brand owners worse. IP owners and their counsel must navigate the domain name landscape under GDPR to find ways to police and protect IP rights.

Listen as our authoritative panel examines the impact of GDPR on brand protection and what IP owners and counsel can do now that GDPR is in place. The program will discuss the impact of GDPR on the WHOIS system and what changes are still ahead. The panel will offer guidance for brand owners/counsel on policing their trademarks online and protecting their brands during this period of uncertainty.