ICANNWatch
 
  Inside ICANNWatch  
Submit Story
Home
Lost Password
Preferences
Site Messages
Top 10 Lists
Latest Comments
Search by topic

Our Mission
ICANN for Beginners
About Us
How To Use This Site
ICANNWatch FAQ
Slash Tech Info
Link to Us
Write to Us

  Useful ICANN sites  
  • ICANN itself
  • Bret Fausett's ICANN Blog
  • Internet Governance Project
  • UN Working Group on Internet Governance
  • Karl Auerbach web site
  • Müller-Maguhn home
  • UDRPinfo.com;
  • UDRPlaw.net;
  • CircleID;
  • LatinoamerICANN Project
  • ICB Tollfree News

  •   At Large Membership and Civil Society Participation in ICANN  
  • icannatlarge.com;
  • Noncommercial Users Constituency of ICANN
  • NAIS Project
  • ICANN At Large Study Committee Final Report
  • ICANN (non)Members page
  • ICANN Membership Election site

  • ICANN-Related Reading
    Browse ICANNWatch by Subject

    Ted Byfied
    - ICANN: Defending Our Precious Bodily Fluids
    - Ushering in Banality
    - ICANN! No U CANN't!
    - roving_reporter
    - DNS: A Short History and a Short Future

    David Farber
    - Overcoming ICANN (PFIR statement)

    A. Michael Froomkin
    - When We Say US™, We Mean It!
    - ICANN 2.0: Meet The New Boss
    - Habermas@ discourse.net: Toward a Critical Theory of Cyberspace
    - ICANN and Anti-Trust (with Mark Lemley)
    - Wrong Turn in Cyberspace: Using ICANN to Route Around the APA & the Constitution (html)
    - Form and Substance in Cyberspace
    - ICANN's "Uniform Dispute Resolution Policy"-- Causes and (Partial) Cures

    Milton Mueller
    - Ruling the Root
    - Success by Default: A New Profile of Domain Name Trademark Disputes under ICANN's UDRP
    - Dancing the Quango: ICANN as International Regulatory Regime
    - Goverments and Country Names: ICANN's Transformation into an Intergovernmental Regime
    - Competing DNS Roots: Creative Destruction or Just Plain Destruction?
    - Rough Justice: A Statistical Assessment of the UDRP
    - ICANN and Internet Governance

    David Post
    - Governing Cyberspace, or Where is James Madison When We Need Him?
    - The 'Unsettled Paradox': The Internet, the State, and the Consent of the Governed

    Jonathan Weinberg
    - Sitefinder and Internet Governance
    - ICANN, Internet Stability, and New Top Level Domains
    - Geeks and Greeks
    - ICANN and the Problem of Legitimacy

    Highlights of the ICANNWatch Archive
    (June 1999 - March 2001)


     
    Uniform Dispute Resolution Policy (UDRP) WIPO to ICANN: Please make country names UDRPable.
    posted by michael on Saturday May 03 2003, @12:43PM

    tlr writes "Some of the results of the WIPO2 process are currently on their way through ICANN's processes: In a letter from 21 February 2003, WIPO's Francis Gurry has transmitted requests to ICANN to extend the UDRP to apply to (1) country names, and (2) the names and acronyms of intergovernmental organizations ("IGOs"), without any regard to the (non)existence of trademark protection. One of the problems with these recommendations is that they are not backed by sufficient international legal consensus -- ICANN would have to assume the role of a law-making body and create new rights and protections. This is even recognized in WIPO´s own report, which concludes that these kinds of recommendations should not be implemented through ICANN. For a recent example (puertorico.com) which illustrates the lack of uniformity in this field, and some related absurdity, take a look at Wendy Seltzer's blog."



    Inside ICANN, the Board has solicited advice on this from its supporting organizations and advisory committees, to be submitted no later than 12 May 2003.

    With respect to timeliness, the GAC has been leading on this issue: In section 4 of its Rio de Janeiro Communiqué, the GAC endorses WIPO's recommendations, and advises the board to implement them. The GAC also suggests to set up a "joint working group" to look at implementation details.

    The GNSO Council has discussed the topic relatively briefly during its telephone conference on 17 April 2003 (draft minutes here), and has resolved to advise the board that the WIPO2 recommendations should be considered separately from UDRP review. The Council also advises the board that the recommendations "be subject to a policy-development process to look at how [they] can be implemented, taking into acccount a thorough examination of the issues surrounding the recommendations."

    The At-Large Advisory Committee has posted a draft statement for public comment (comments can be submitted to forum@alac.icann.org and are archived here; this is an opportunity to contribute to ICANN's record on the topic!). In that draft statement, the ALAC elaborates on the non-uniformity concerns cited above, argues that implementation of WIPO's recommendations would be lawmaking and out of ICANN's scope, and recommends that (1) the WIPO2 recommendations be handled separately from UDRP review, and (2) policy-development should (if at all) only proceed where there is sufficient legal consensus. There's also an annex which asks some questions about individual recommendations.

     
      ICANNWatch Login  
    Nickname:

    Password:

    [ Don't have an account yet? Please create one. It's not required, but as a registered user you can customize the site, post comments with your name, and accumulate reputation points ("karma") that will make your comments more visible. ]

     
      Related Links  
  • At Large Advisory Committee
  • Government Advisory Committee
  • UDRP
  • Wendy Seltzer
  • ICANN
  • Board has solicited advice
  • Rio de Janeiro Communiqué,
  • draft minutes here
  • draft statement for public comment
  • forum@alac.icann.org
  • here
  • annex
  • tlr
  • letter from 21 February 2003
  • WIPO´s own report
  • take a look at Wendy Seltzer's blog.
  • More on Uniform Dispute Resolution Policy (UDRP)
  • Also by michael
  •  
    This discussion has been archived. No new comments can be posted.
    WIPO to ICANN: Please make country names UDRPable. | Log in/Create an Account | Top | 1 comments | Search Discussion
    Click this button to post a comment to this story
    The options below will change how the comments display
    Threshold:
    Check box to change your default comment view
    The Fine Print: The following comments are owned by whoever posted them. We are not responsible for them in any way.
  • 1 reply beneath your current threshold.

  • Search ICANNWatch.org:


    Privacy Policy: We will not knowingly give out your personal data -- other than identifying your postings in the way you direct by setting your configuration options -- without a court order. All logos and trademarks in this site are property of their respective owner. The comments are property of their posters, all the rest © 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008 by ICANNWatch.Org. This web site was made with Slashcode, a web portal system written in perl. Slashcode is Free Software released under the GNU/GPL license.
    You can syndicate our headlines in .rdf, .rss, or .xml. Domain registration services donated by DomainRegistry.com