Trademark Post-Delegation Dispute Resolution Procedure: Difference between revisions
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''' | '''Post Delegation Dispute Resolution Procedure''' ('''PDDRP''') is a rights protection mechanisms (RPM) for trademark holders, in which a trademark owner may take any infringement concerns straight to the [[registry]], bypassing the [[registrar]]. PDDRP was recommended for use by various community participants, such as the World Intellectual Property Organization ([[WIPO]]) and Implementation Recommendation Team ([[IRT]]).<ref>[http://www.icann.org/en/topics/new-gtlds/draft-trademark-pddrp-04oct09-en.pdf icann.org]</ref> As per the Registry Agreement, a registry operator must participate in the procedure and is bounded by the resulting determinations.<ref>[http://www.icann.org/en/topics/new-gtlds/draft-trademark-pddrp-04oct09-en.pdf icann.org]</ref> | ||
== | == Functions == | ||
The PDDRP is intended to provide a mechanism for bringing a complaint not to the domain name owner but directly to the registry. This happens especially when the registry engages itself in a practice or a pattern wherein it encourages the third parties to register against the infringing domains. PDDRP is one of the most effective means to counter bad-faith domain name registrations.<ref>[http://www.icann.org/en/topics/new-gtlds/draft-trademark-pddrp-04oct09-en.pdf icann.org]</ref> | |||
The PDDRP is intended | |||
== Filing a complaint under PDDRP == | == Filing a complaint under PDDRP == | ||
Under the PDDRP, the complaint has to be filed electronically. The complaint will be first viewed for its technical compliance and will then be served and sent with a proper notice by the provider to the registry operator. The registry operator will get the subject of the complaint that will be consistent with the contact details listed in the registry agreement. <ref | Under the PDDRP, the complaint has to be filed electronically. The complaint will be first viewed for its technical compliance and will then be served and sent with a proper notice by the provider to the registry operator. The registry operator will get the subject of the complaint that will be consistent with the contact details listed in the registry agreement. <ref>[http://www.icann.org/en/topics/new-gtlds/draft-trademark-pddrp-04oct09-en.pdf icann.org]</ref> | ||
== PDDRP and ICANN == | == PDDRP and ICANN == | ||
Revision as of 07:53, 3 August 2011
Post Delegation Dispute Resolution Procedure (PDDRP) is a rights protection mechanisms (RPM) for trademark holders, in which a trademark owner may take any infringement concerns straight to the registry, bypassing the registrar. PDDRP was recommended for use by various community participants, such as the World Intellectual Property Organization (WIPO) and Implementation Recommendation Team (IRT).[1] As per the Registry Agreement, a registry operator must participate in the procedure and is bounded by the resulting determinations.[2]
Functions
The PDDRP is intended to provide a mechanism for bringing a complaint not to the domain name owner but directly to the registry. This happens especially when the registry engages itself in a practice or a pattern wherein it encourages the third parties to register against the infringing domains. PDDRP is one of the most effective means to counter bad-faith domain name registrations.[3]
Filing a complaint under PDDRP
Under the PDDRP, the complaint has to be filed electronically. The complaint will be first viewed for its technical compliance and will then be served and sent with a proper notice by the provider to the registry operator. The registry operator will get the subject of the complaint that will be consistent with the contact details listed in the registry agreement. [4]
PDDRP and ICANN
The PDDRP was proposed by the Internet Corporation for Assigned Names and Numbers (ICANN). ICANN had to face a lot of flak from the Registries Stakeholder Group (RySG) as the RySG was of the view that PDDRP was proposed by ICANN due to the lack of confidence that ICANN will be enforcing existing protections. [5]
References