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[gnso-dow123] Questions for intellectual property constituency members on private registration services

  • To: <gnso-dow123@xxxxxxxxxxxxxx>
  • Subject: [gnso-dow123] Questions for intellectual property constituency members on private registration services
  • From: "Bruce Tonkin" <Bruce.Tonkin@xxxxxxxxxxxxxxxxxx>
  • Date: Fri, 4 Mar 2005 18:47:49 +1100

Hello All,

In the last WHOIS call there were several presentations on private
registration services in use by some registrars.

The essential elements of these services is that the registrar provided
a means of contacting the registrant in compliance with the registration
agreement, which states:
>From clause 3.7.7.3 of the registrar accreditation agreement:
(http://www.icann.org/registrars/ra-agreement-17may01.htm)
"...contact information adequate to facilitate timely resolution of any
problems that arise in connection with the Registered Name."

For the purpose of discussion, lets call the published contact
information:
Contact Information A (published in WHOIS)

And the contact information that may be held by a registrar or third
party service provider as: 
Contact Information B (not published)

The services typically receive phone calls, email, and postal mail at
contact address A, and pass the information on to contact address B.

As an example, I typically provide my office contact details (A) when
registering a domain name, and my office has my home address details
(B).  If I was on leave or otherwise unable to come into my office, the
office would forward the necessary information to my home.

I would like to understand further what the requirements are from the
Intellectual property constituency for sending a legal letter (such as a
notice of intellectual property infringement letter).

Why would contact information A not be acceptable for sending a legal
notice?

What criteria would a service provider need to meet in terms of
providing a contact service, that would meet the needs of the
intellectual property constituency?

Are legal notices typically sent as an open loop process (the letter is
sent without guarantee of delivery), or are notices sent such that they
must be "signed for" at the destination and a record of such signing
provided to the sender (ie the letter is sent with a guarantee of
delivery)?

Regards,
Bruce





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