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PDP Review of All Rights Protection Mechanisms in All gTLDs

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

Overview[edit | edit source]

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.

The issue first came about when trademark rights holders were subject to illegitimate uses of their names in the domain name system (DNS).[1] To remedy this, the Uniform Dispute Resolution Policy (UDRP) — the longest standing alternative dispute resolution procedure in ICANN — needed more clout and new RPMs were developed to account for potential risks and costs to trademarks rights holders.[2]

The RDMs include 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.[3]

ICANN staff reviewed the UDRP ahead of the New gTLD Program — launched in October 2011 — and decided to allow the new URS under the New gTLD Program to operate for 18 months before deciding whether a PDP would be necessary. 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.[4]

ICANN staff submitted the Final Issue Report in January 2016, and the WG was chartered in March 2016.[5] 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.[6]

Current Status[edit | edit source]

As of June 2018, the WG has developed, sent, and received responses for a survey for URS practitioners.[7] They plan to meet three times throughout the ICANN62 meeting in Panama City, Panama, to discuss the results.[8]

  1. ↑ https://gnso.icann.org/sites/default/files/filefield_48143/rpm-prelim-issue-09oct15-en.pdf
  2. ↑ https://gnso.icann.org/en/group-activities/active/rpm
  3. ↑ https://gnso.icann.org/sites/default/files/filefield_48143/rpm-prelim-issue-09oct15-en.pdf
  4. ↑ https://gnso.icann.org/en/group-activities/active/rpm
  5. ↑ https://gnso.icann.org/en/group-activities/active/rpm
  6. ↑ https://gnso.icann.org/sites/default/files/filefield_48755/rpm-charter-15mar16-en.pdf
  7. ↑ https://community.icann.org/display/RARPMRIAGPWG/2018-06-27+ICANN62+Panama+City+-+Review+of+all+Rights+Protection+Mechanisms+%28RPMs%29+in+all+gTLDs+PDP+WG+Session+%231?preview=/84224989/88572244/RPM_URS_PDP_WG_Session_1_27June2018_FINAL.pdf
  8. ↑ https://community.icann.org/display/RARPMRIAGPWG/2018-06-27+ICANN62+Panama+City+-+Review+of+all+Rights+Protection+Mechanisms+%28RPMs%29+in+all+gTLDs+PDP+WG+Session+%231

Generic Names Supporting Organization. Develops and recommends to the Board substantive policies relating to generic top-level domains and other responsibilities set forth in the Bylaws (ICANN Bylaws).

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