RE: [gnso-sti] REVISED: STI- Special Trademark Issues mailing list subscribers
Curiously, as far as I can tell from their web site, this is not actually a WIPO announcement. The original article (http://www.managingip.com/Article/2328845/WIPO-to-launch-fast-track-version-of-the-UDRP.html) quotes the Arbitration and Mediation Center Director, but there no press release or other formal statement... Alan At 02/11/2009 01:56 PM, Phil Corwin wrote: FYI, WIPO just announced that they will be proposing a fast track UDRP under their supplemental rules authority that will focus on default cases. This may be intended to substantially preempt the proposed URS, and should probably be taken into consideration as the STI considers its recommendations on that matter.<http://www.managingip.com//Popups/PrintArticle.aspx?ArticleID=2328845&issueID=73516&categoryID>http://www.managingip.com//Popups/PrintArticle.aspx?ArticleID=2328845&issueID=73516&categoryID= WEEKLY NEWS - NOVEMBER 02, 2009 WIPO to launch fast-track version of the UDRP 02 Nov 2009Trade mark owners will be able to request fast-track UDRP hearings at WIPO?s Arbitration and Mediation Center from early next yearThe Center is to launch an expedited version of the Uniform Domain Name Dispute Resolution Policy (UDRP), designed for simple cases and those where the respondent does not challenge the complaint.Center director Erik Wilbers described the move as a ?watershed? and predicted that the fast-track would be requested in at least 50% of cases once it is set up.The fast-track will also be cheaper than a full proceeding, though WIPO has not yet decided what the fees will be. Speaking to Managing IP, Wilbers said the fee will be ?substantially reduced?.The UDRP provides an arbitration service for IP owners who believe their rights have been infringed in domain names. Disputes are resolved by panels of one or three domain name specialists and the procedure is seen as a cheaper alternative to litigation.The Center is likely to publish changes to its supplemental UDRP rules before the end of this year. These will be open for a 30-day comment period, meaning the new fast-track version could be effective in the first quarter of 2010. Wilbers explained that all the changes necessary can be made by WIPO without the need for Icann to amend the UDRP: ?We are not proposing to change the UDRP policy or rules at all. Instead, using the existing framework, WIPO expects to offer a new and more efficient fast-track option based on adjustment to WIPO case practice under the UDRP.?He said the fast-track has become necessary due to the fact that there are now 180 million domain names worldwide and this has had an impact on the type of disputes arising under the UDRP: ?The domain name system has evolved. We have seen automated registrations, parking and pay-per-click and privacy issues. In addition, we have seen vast increases in domain name registrations. The language rules have also been abused in some cases.? WIPO, which handles the majority of UDRP disputes, has published more than 16,000 decisions since the policy was launched 10 years ago.Three other agencies are also accredited by Icann to handle UDRP complaints. They are not directly affected by these changes. Wilbers insisted that the changes would not deny rights to respondents: ?The UDRP has to offer a flexible framework for fast-tracking cases. But the safety valves of panel discretion and recourse to court will of course remain, in addition to fully preserving current respondent rights.?He said the fast-track is designed for ?obvious cases, and will leave fully intact party options to use the standard UDRP process?.The expedited procedure, which WIPO has been consulting on for about nine months, takes account of the fact that 25% of UDRP cases are settled. In 75% of the remaining disputes the case is not defended.If a complainant requests a fast-track proceeding, and the respondent does not respond within the allotted 20 days, then the dispute will be sent to a panel who will issue a decision. Panellists can also choose to fast-track the case even if there is a response.As with the full UDRP, panellists can decide either to reject the complaint, transfer the domain name or cancel it.The decision will include all the details of the dispute, as well as a short summary of the reasoning, but is expected to be completed in just a few days. Wilbers said he expected half of cases to use the fast-track, adding that it will give trade mark owners a new option: ?To inform their filing choices from among WIPO options, I expect trade mark owners will assess the likelihood of the respondent defaulting or not.?He added that the fast-track could also lead to simplification for brand owners: ?Our proposed fast track makes use of our discretion under the UDRP to set filing fees and word limits for filed pleadings. And in terms of WIPO observed filing trends, some trade mark lawyers may be over-lawyering their complaints in more obvious cases at the moment.?In an unrelated development, last week the Icann Board approved a <http://www.icann.org/correspondence/wilbers-to-jeffrey-17sep09-en.pdf>proposal to amend the UDRP Rules to make the UDRP paperless. The proposal still requires the UDRP service provider to send a hard copy written notice to the respondent when a UDRP proceeding is commenced.Managing IP is committed to increasing its coverage of internet/domain name issues. Please <http://www.managingip.com/internet_domain_names>click here to let us know what topics you are interested in and request more information.Philip S. Corwin Partner Butera & Andrews 1301 Pennsylvania Ave., NW Suite 500 Washington, DC 20004 202-347-6875 (office) 202-347-6876 (fax) 202-255-6172 (cell) "Luck is the residue of design." -- Branch Rickey ----------From: owner-gnso-sti@xxxxxxxxx [owner-gnso-sti@xxxxxxxxx] On Behalf Of Robin Gross [robin@xxxxxxxxxxxxx]Sent: Saturday, October 31, 2009 1:49 PM To: Glen de Saint Géry Cc: gnso-sti@xxxxxxxxxSubject: Re: [gnso-sti] REVISED: STI- Special Trademark Issues mailing list subscribersThank you, Glen, From NCSG:4 NCSG Representatives:Wendy Seltzer -NCSG Konstantinos Komaitis - NCSG Kathy Kleiman - NCSG Robin Gross- NCSG2 NCSG Alternates:Mary Wong - NCSG Leslie Guanyuan - NCSGThank you! Robin On Oct 31, 2009, at 8:13 AM, Glen de Saint Géry wrote:Dear All,The following people are subscribed to the Special Trademark Issues mailing list:<mailto:Gnso-sti@xxxxxxxxx>Gnso-sti@xxxxxxxxx Public archives at: <http://forum.icann.org/lists/gnso-sti/>http://forum.icann.org/lists/gnso-sti/"1. A GNSO Review Team will be comprised of representatives designated as follows: the Registrar and Registry Stakeholder Groups with two (2) representatives each, the Commercial Stakeholder Groups and the Non-Commercial Stakeholder Groups with four (4) representatives each, At-Large with one (1) representative, one representative from the Nominating Committee Appointees(1) and the Government Advisory Committee (GAC) with one (1) observer. Alternate members may participate in case of absence of the designated representatives;"gTLD Registries Stakeholder Group Davis Maher - Chair Jeff Neuman Chuck Gomes GNSO Council Chair - observer Registrar Stakeholder Group Please identify TWO (2) principle participants and the alternates: Jon Nevett- Registrar Jeff Eckhaus - Registrar Stéphane van Gelder - GNSO Council vice chair Jean Christophe Vignes- Registrar Commercial Stakeholder Group Mark Partridge - IPC Paul McGrady - IPC Kristina Rosette IPC - Alternate Please identify the principle participants and the alternates: Zahid Jamil- CBUC Mike Rodenbaugh - CBUC Phil Corwin - CBUC Non Commercial Stakeholder Group Please identify four (4) principle participants and the alternates: Wendy Seltzer -NCSG Mary Wong - NCSG Kathy Kleiman - NCSG Konstantinos Komaitis - NCSG Leslie Guanyuan - NCSG Robin Gross- NCSG Nominating Committee Appointee (NCA) Andrei Kolesnikov Alan Greenberg - At Large Olivier Crépin-Leblond - At Large alternate Government Advisory Committee (GAC) observer Maimouna Diop ICANN Staff: Denise Michel Kurt Pritz Rob Hoggarth Liz Gasster Margie Milam Marika Konings GNSO SecretariatLet me know if you have any questions and if anyone has been left off the list.Thank you. Kind regards, Glen Glen de Saint Géry GNSO Secretariat <mailto:gnso.secretariat@xxxxxxxxxxxxxx>gnso.secretariat@xxxxxxxxxxxxxx http://gnso.icann.orgIP JUSTICE Robin Gross, Executive Director 1192 Haight Street, San Francisco, CA 94117 USA p: +1-415-553-6261 f: +1-415-462-6451w: <http://www.ipjustice.org>http://www.ipjustice.org e: <mailto:robin@xxxxxxxxxxxxx>robin@xxxxxxxxxxxxx
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