BAD FAITH MATTER UNDER UNIFORM DISPUTE REFORMATION POLICY & HUNGARIAN PROCEDURE LAW: A COMPARATIVE STUDY

Abstract

The conflict between main stakeholders, domain names owners & trademark holders, dominated cyberspace going beyond individual stakeholders into digital economy. As a turning point to resolve this conflict, UDRP existed as central device to solve this conflict with giving the parties freedom to go to court as alternative way to solve this conflict. In this regard, as the most of conflict cases were involved in bad faith matter, the national court has to be able to deal with bad faith matter according to the civil procedure law. In line with this, this study will try to find if the new Hungarian procedure law would be able to deal with domain names’ conflict based on bad faith matter.

Keywords

• bad faith matter
• udrp
• code of civil procedure
• rdnh
• wipo