[gnso-sti] WIPO Center Update to Panelists - eUDRP and WIPO Fast-Track
FYI - here is an update from WIPO addressed to the panel of neutrals on the developments in eUDRP and the proposed "fast track" David From: "neutrals, arbiter" <arbiter.neutrals@xxxxxxxx> To: "neutrals, arbiter" <arbiter.neutrals@xxxxxxxx> Date: Tue, 3 Nov 2009 15:40:39 +0100 Subject: WIPO Center Update to Panelists - eUDRP and WIPO Fast-Track Thread-Topic: WIPO Center Update to Panelists - eUDRP and WIPO Fast-Track Thread-Index: AcpckI1QB+WzxvEOQViWA2LYh5x8FwAADdEA Accept-Language: en-US X-MS-Has-Attach: yes X-MS-TNEF-Correlator: acceptlanguage: en-US X-pstn-neptune: 0/0/0.00/0X-pstn-levels: (S:99.90000/99.90000 CV:99.9000 FC:95.5390 LC:93.6803 R:95.9108 P:95.9108 M:97.0282 C:98.6951 )X-pstn-settings: 5 (2.0000:2.0000) s cv gt3 gt2 gt1 r p m c X-pstn-addresses: from <arbiter.neutrals@xxxxxxxx> [1237/48]X-OriginalArrivalTime: 03 Nov 2009 15:03:22.0665 (UTC) FILETIME=[C95D1190:01CA5C96]Dear WIPO Panelists,I am writing to update you on two important recent developments concerning WIPO and the UDRP, which are informed in part by events at the ICANN Meeting in Seoul which concluded this past weekend. The first concerns the approval of the WIPO eUDRP Initiative, and the second concerns the on-going development of what we are calling the WIPO Fast-Track UDRP option.WIPO eUDRP InitiativeFirst, we are pleased to report that the WIPO eUDRP Initiative (<http://www.wipo.int/export/sites/www/amc/en/docs/icann170909.pdf>http://www.wipo.int/export/sites/www/amc/en/docs/icann170909.pdf) was approved by the ICANN Board on October 30, 2009 (<http://www.icann.org/en/minutes/resolutions-30oct09-en.htm#1>http://www.icann.org/en/minutes/resolutions-30oct09-en.htm#1). This approval of such an uncontroversial and beneficial procedural reform is obviously good news for all UDRP stakeholders. We are currently seeking clarification from ICANN as to the precise date on which the Board-approved Rules change will come into effect, and will keep you apprised in this regard. As we have previously noted, this will do away with all paper pleadings, while retaining the safety valve of written notice sent to the physical address of the respondent (but with the actual pleadings sent only electronically). We shall also amend our Supplemental Rules accordingly as previously foreshadowed.While the Center will continue to make the now widely-preferred PDF case files still more user-friendly for panelists, this is in future to be integrated with a secure on-line platform we are developing for panelists to receive, view and search such case files.WIPO UDRP Fast-TrackSecond, as many of you may already know, recognizing broader developments within the domain name system WIPO has since early this year been working on ways to improve the time and cost effectiveness of our UDRP services. At the recent WIPO 10 Year UDRP Conference in Geneva we have set out certain of the concrete ideas. The base point for these is the 25% settlement rate WIPO has been observing in its UDRP cases, and the 75% default rate in those WIPO cases which do not settle. On the basis of these realities, WIPO has been developing a more streamlined WIPO UDRP option for parties and panels which we are calling WIPO Fast-Track UDRP. The WIPO Fast-Track, which would build on existing WIPO UDRP practice and naturally remain fully subject to panel discretion, is designed for cases you would consider obvious, and importantly would leave all existing respondent rights at all stages of the procedure fully intact.At the ICANN meeting in Seoul, the WIPO Center presented this novel approach to the ICANN Intellectual Property Constituency (IPC), and we attach a copy of our presentation for your consideration. As WIPO Panelists, your support for the Fast-Track option would be key ? not only because objectives of the WIPO Fast-Track would include reducing the time and cost associated with the preparation of party pleadings in appropriate cases, but also condensing the frame-work for the rendering of panel decisions in such cases. Even allowing for the enormously appreciated not-for-profit nature of your contributions, our proposal would also imply reduced filing fees for cases which panels find justify issuing a fast-track decision. As is the case for all precedent development, it is of course critical that any modifications to practice be consistent with due process, and that any evolution of panel thinking (e.g. in relation to requests for supplemental filings from parties, and/or ordering movement from one practice ?track? to another) occur in as predictable manner as possible.To that end, we are currently working on developing modifications to the WIPO Center Supplemental Rules, WIPO Filing Guidelines, FAQs, and model party pleadings and decision structure to optimize the efficiency and fairness of the process. Naturally, we would also warmly welcome any collaborative reactions, comments or input you may have as a WIPO Panelist on the issue - whether of a general nature, or on any specific aspects - over the course of the coming months.Our hope is to introduce the WIPO UDRP Fast-Track option, after a period of internal WIPO development and informal consultation with WIPO Panelists, and having provided appropriate notice to ICANN and WIPO UDRP stakeholders, in the first quarter of 2010.In closing, I wish to emphasize that, as has been the case for the past ten years, our non-profit focus is very much on keeping the UDRP relevant as a realistic option in the rapidly evolving domain name system. Your on-going investment in this WIPO effort is vital and is never taken for granted.We look forward to being in touch with you further on this matter. With kind regards, Erik Erik Wilbers Director WIPO Arbitration and Mediation Center David W. Maher Senior Vice President - Law & Policy .ORG, The Public Interest Registry 1775 Wiehle Ave, #200 Reston, VA 20190 USA (v) +1-312-876-8055 (f) +1-312-876-7934 http://www.pir.org CONFIDENTIALITY NOTE:This e-mail and any attachments are confidential and may be protected by legal privilege. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of this e-mail or any attachment is prohibited. If you have received this e-mail in error, please notify us immediately by returning it to the sender and deleting this copy from your system. Thank you for your cooperation. Attachment:
Seoul_UDRP_WIPO Fast-Track_Update.ppt |