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[bc-gnso] Fwd: [RC-Members] FW: ICANN Recommends Against Revamping UDRP

  • To: "bc-gnso@xxxxxxxxx" <bc-gnso@xxxxxxxxx>
  • Subject: [bc-gnso] Fwd: [RC-Members] FW: ICANN Recommends Against Revamping UDRP
  • From: Frederick Felman <Frederick.Felman@xxxxxxxxxxxxxxx>
  • Date: Tue, 31 May 2011 22:27:59 +0000


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ICANN Recommends Against Revamping UDRP (Domain Name Wire, 053111)

http://domainnamewire.com/2011/05/31/icann-recommends-against-revamping-udrp/



ICANN staff says now is not the time to open wholesale rethink of UDRP.



Echoing the sentiments of a number of UDRP 
providers<http://domainnamewire.com/2011/05/10/incumbents-opposed-to-udrp-reform/>
 as well as prominent UDRP defense 
attorneys<http://domainnamewire.com/2011/05/11/prominent-udrp-defense-attorneys-also-opposed-to-udrp-reform/>,
 ICANN’s staff has recommended against having the Generic Names Supporting 
Organization opening a “policy development process” on UDRP.



However, in a new 
report<http://www.icann.org/en/announcements/announcement-2-27may11-en.htm> 
ICANN notes that there are some complaints about process and implementation of 
UDRP that may warrant review should GNSO feel it necessary to proceed:



…if the GNSO Council nevertheless believes that the UDRP should be reviewed, 
Staff suggests an alternative approach for addressing this issue. After 
carefully evaluating the issues and concerns expressed by the ICANN community 
regarding the UDRP, Staff has concluded that many relate to process issues 
associated with the implementation of the UDRP, rather than the language of the 
policy itself. The GNSO Council should consider in lieu of commencing a PDP, 
convening a small group of experts to produce recommendations to improve the 
process or implementation of the UDRP policy as an initial step…



The report includes a good summary of a recent webinar and comments made by 
various parties of the UDRP. It’s open for comment through July 
15<http://www.icann.org/en/announcements/announcement-2-27may11-en.htm>.



It also includes survey responses from each of the four UDRP providers. The 
responses include what percentage of the time the provider found in favor of 
the respondent (of those that result in a formal decision):



National Arbitration Forum 13%
WIPO 14%
Czech Arbitration Court 17% (low sample size)
Asian Domain Name Dispute Resolution Centre 7.4%



Attachment: Preliminary GNSO Issue Report on The Current State of the UDRP, 052711.pdf
Description: Preliminary GNSO Issue Report on The Current State of the UDRP, 052711.pdf

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