[gnso-irtp-b-jun09] UDRP policy

["Michael Collins" <mc@xxxxxxxxxxxxxxxxx>]

Hi all,

 

I did a little research regarding UDRP policy regarding transfers. Whether
this policy is well written or not, it clearly deals with whether and when
transfers are permitted during UDRP proceedings. Changing UDRP policy is not
within the scope of our working group. It seems to me that since transfers
are sometimes allowed by UDRP policy we cannot change may to must in IRTP
policy in regards to domains subject to UDRP actions. If we consider this to
be a significant issue, it may be appropriate to suggest that ICANN consider
a PDP to review UDRP policy as it relates to inter-registrar transfers.

8. Transfers During a Dispute.

a. Transfers of a Domain Name to a New Holder. You may not transfer your
domain name registration to another holder (i) during a pending
administrative proceeding brought pursuant to Paragraph 4
<http://www.icann.org/en/dndr/udrp/policy.htm#4>  or for a period of fifteen
(15) business days (as observed in the location of our principal place of
business) after such proceeding is concluded; or (ii) during a pending court
proceeding or arbitration commenced regarding your domain name unless the
party to whom the domain name registration is being transferred agrees, in
writing, to be bound by the decision of the court or arbitrator. We reserve
the right to cancel any transfer of a domain name registration to another
holder that is made in violation of this subparagraph.

b. Changing Registrars. You may not transfer your domain name registration
to another registrar during a pending administrative proceeding brought
pursuant to Paragraph 4 <http://www.icann.org/en/dndr/udrp/policy.htm#4>  or
for a period of fifteen (15) business days (as observed in the location of
our principal place of business) after such proceeding is concluded. You may
transfer administration of your domain name registration to another
registrar during a pending court action or arbitration, provided that the
domain name you have registered with us shall continue to be subject to the
proceedings commenced against you in accordance with the terms of this
Policy. In the event that you transfer a domain name registration to us
during the pendency of a court action or arbitration, such dispute shall
remain subject to the domain name dispute policy of the registrar from which
the domain name registration was transferred.

Best regards,

Michael Collins