| At Large Membership and Civil Society Participation in ICANN |
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WIPO Overrules French Court
posted by michael on Wednesday March 10 2004, @07:29AM
cedric writes "A recent WIPO Arbitration and Mediation Center administrative decision seems to violate French civil procedure.The panel ordered the transfer of the domain name. This transfer had previously been prohibited by a French court, according to the administrative decision (point n° 4): "[o]n February 5, 2001, the French "Tribunal de Grande Instance" of Strasbourg, forbade the transfer of the disputed domain name by the S.A.R.L. Neurocim". Under French Law, a judgment which is not susceptible to any review which would suspend execution has the force of res judicata (see article 500 of the French Code of Civil Procedure, in English)."
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"If the French decision has not been subject to appeal, it binds the parties, and have effect vis-à-vis third parties. Being a third party, the WIPO Arbitration and Mediation Center should also have respected the French judicial order..."
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