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> | '''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]]) for use in the Drafting Application Guidebook v. 3.<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 == | == Functions == | ||
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== 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 | 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 then solve the dispute.<ref>[http://www.icann.org/en/topics/new-gtlds/draft-trademark-pddrp-04oct09-en.pdf icann.org]</ref> | ||
== | == Criticism == | ||
The | The [[RySG]] submitted comments on the possible addition of the PDDRP to the Draft Application Guidebook arguing that the additional process would be unnecessary, as it would create overlap with existing processes. They go on to argue that PDDRP unnecessarily shifts responsibility for trademark enforcement to registries and away from ICANN; RySG believes that it should remain ICANN's responsibility to address the disputes, as it provides the proper neutrality between the trademark owner who might be harmed by bad faith registration, and one who overzealously attacks a registry instead of solving the dispute with the bad faith domain name holder. They go on to recommend better ways in which bad faith domain registration might be deterred.<ref>[http://www.gtldregistries.org/sites/gtldregistries.org/files/RySG.Comments.PDDRP_.112209.VoteAmendment.112609.doc gtldregistries.org]</ref> | ||
== References == | == References == | ||
Revision as of 09:19, 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) for use in the Drafting Application Guidebook v. 3.[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 then solve the dispute.[4]
Criticism
The RySG submitted comments on the possible addition of the PDDRP to the Draft Application Guidebook arguing that the additional process would be unnecessary, as it would create overlap with existing processes. They go on to argue that PDDRP unnecessarily shifts responsibility for trademark enforcement to registries and away from ICANN; RySG believes that it should remain ICANN's responsibility to address the disputes, as it provides the proper neutrality between the trademark owner who might be harmed by bad faith registration, and one who overzealously attacks a registry instead of solving the dispute with the bad faith domain name holder. They go on to recommend better ways in which bad faith domain registration might be deterred.[5]
References