PDP Review of All Rights Protection Mechanisms in All gTLDs

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PDP Review of All Rights Protection Mechanisms in All gTLDs
Organizer: GNSO
Status: Active
Issue Areas: Dispute Resolution
Type: PDP
Date Established: February 2016
Charter: [ WG Charter]
Workspace: [ Community Wiki]

The Policy Development Procedure (PDP) of All Rights Protection Mechanisms in All gTLDs Working Group (WG) is an ICANN WG established to review the rights protection mechanisms (RPMs) for trademark rights holders.

Background

Disputes and questions around the legal rights and legitimate ownership of domain names is nothing new. In 1999, the Uniform Domain-Name Dispute-Resolution Policy (UDRP) was established to resolve disputes relating to the registration of domain names.[1] Ahead of the new gTLD Program, several new RPMs were developed, including the Trademark Clearinghouse (TMCH), Uniform Rapid Suspension procedure (URS), and Post-Delegation Dispute Resolution Procedures (PDDRP). The TMCH verifies registries and registrars in the domain name registration process and maintains a database of global rights information. The URS gives trademark holders a quick and inexpensive means of suspending domain names under their trademarks that are used illegitimately. The PDDRP provides remedy or compensation for trademark holders who were harmed by a gTLD operator.[2]

In February 2011, the GNSO Council requested an Issues Report in accordance with the recommendations of the Registration Abuse Policies Working Group. In response, ICANN staff reviewed the UDRP ahead of the New gTLD Program, releasing its report in October 2011, recommending that the GNSO hold off on forming a PDP until the URS had been in effect for at least 18 months. Later, the GNSO Council asked ICANN to begin an Issue Report on all RPMs (including but not limited to the UDRP and URS) in December 2011.[3] ICANN staff submitted the Final Issue Report in January 2016, and the WG was chartered in March 2016.[4] According to the WG charter, the group will operate in two phases with the first being to evaluate all RPMs developed for the New gTLD Program and the second being to review the UDRP.[5]

The PDP Review of RPMs in all gTLDs was spun out of the Final Issue Report on the current state of the UDRP in 2011 and the subsequent Issue Report on the current state of all RPMs in 2016.[6]

Phases

The PDP was initiated in February 2016 to review all RPMs in two phases:

  • PHASE 1: All RPMs applicable to New gTLDs (2012 Program)
    • Trademark Post-Delegation Dispute Resolution Procedures (TM-PDDRPs) - (Completed in late 2016)
    • Trademark Clearinghouse (TMCH)
    • Uniform Rapid Suspension Dispute Resolution Procedure (URS)
  • PHASE 2: Uniform Domain Name Dispute Resolution Policy (UDRP)

Current Status

As of ICANN 63, the Working Group (WG) is currently in the midst of Phase One. It has already completed its review of the TM-PDDRP and has carried out an initial review of structure and scope of TMCH, but is in the midst collecting quantitative data and anecdotal evidence to better assess the services provided by TMCH. Initial survey findings were presented at ICANN63.

During this data collection effort, the focus of the WG is on the URS and has completed initial deliberations on the proposals submitted by each of the three sub teams: Practicioners, Documents and Providers. Following the completion of the review of URS recommendations around the ICANN 63 timeframe and the review of the TMCH survey results, the WG will begin to develop potential recommendations for TMCH, including Sunrise and Trademark Claims.

Ultimately, the group will finalize its preliminary recommendations for all the phase one RPMs and publish a Preliminary Report in the mid 2019. During this process timelines will continue to be coordinated with related efforts, including the New gTLD Subsequent Procedures PDP and Competition, Consumer Choice, and Consumer Trust (CCT) Review.

References

  1. https://gnso.icann.org/sites/default/files/filefield_48143/rpm-prelim-issue-09oct15-en.pdf
  2. https://gnso.icann.org/sites/default/files/filefield_48143/rpm-prelim-issue-09oct15-en.pdf
  3. https://gnso.icann.org/en/group-activities/active/rpm
  4. https://gnso.icann.org/en/group-activities/active/rpm
  5. https://gnso.icann.org/sites/default/files/filefield_48755/rpm-charter-15mar16-en.pdf
  6. https://gnso.icann.org/en/group-activities/active/rpm