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EPDP for Specific Curative Rights Protections for IGOs (view source)
Revision as of 17:22, 20 June 2022
, 1 year ago→Final Report & Recommendations
The [[GAC]] said that if registrants file court proceedings, then they should not be able to commence arbitration if the court decides not to hear the case based on an IGO’s immunity from its jurisdiction. The [[ALAC]] supported the recommendations to reduce the possibility of fraud and end-user confusion if third parties use domain names identical to IGO identifiers.<ref>[https://itp.cdn.icann.org/en/files/generic-names-supporting-organization-council-gnso-council/public-comment-summary-report-epdp-igo-20dec2021-en.pdf Public Comment Summary Report on Initial Report from the EPDP on Specific Curative Rights Protections for IGOs, pgs 5-6, ICANN Files]</ref>
The [[GAC]] said that if registrants file court proceedings, then they should not be able to commence arbitration if the court decides not to hear the case based on an IGO’s immunity from its jurisdiction. The [[ALAC]] supported the recommendations to reduce the possibility of fraud and end-user confusion if third parties use domain names identical to IGO identifiers.<ref>[https://itp.cdn.icann.org/en/files/generic-names-supporting-organization-council-gnso-council/public-comment-summary-report-epdp-igo-20dec2021-en.pdf Public Comment Summary Report on Initial Report from the EPDP on Specific Curative Rights Protections for IGOs, pgs 5-6, ICANN Files]</ref>
==Final Report & Recommendations==
The team submitted its final report to the GNSO Council on April 4, 2022.<ref name="finalrep">[https://gnso.icann.org/en/group-activities/active/specific-crp-igo-epdp Final Report, EPDP on Specific Curative Rights Protections for IGOs], April 4, 2022 (PDF)</ref><ref name="dashboard">[https://gnso.icann.org/en/group-activities/active/specific-crp-igo-epdp GNSO Workspace - EPDP for Specific Curative Right Protections for IGOs]</ref> The report made several recommendations to improve an IGO's ability to protect its name and related trademarks.
# Clarify the UDRP and URS procedures to better define "IGO Complainants" and the eligibility requirements for such complainants to move forward with a complaint under those mechanisms.
# Remove the requirement that an IGO complainant submit to the jurisdiction of relevant courts; institute a notice procedure for respondents, explaining that a court may decline to hear an appeal of a UDRP or URS decision on grounds of the IGO Complainant's immunity from prosecution; offer binding arbitration as a separate means of appeal.
# Institute rules and procedures for arbitral review of UDRP decisions in cases involving IGO Complainants.
# Institute rules and procedures for arbitral review of URS decisions in cases involving IGO Complainants.
# Choice of law to be mutually agreed upon or, in the absence of agreement, may be either the registrar or registrant's principal address as listed in the relevant WHOIS database; as a last resort, arbitration panel may determine what law to apply.<ref name="finalrep" />
The recommendations were designed to address the "review gap" in UDRP and URS procedures that initiated the EPDP in the manner prescribed by the charter document.<ref name="finalrep" /> The team noted the concerns expressed during the public comment period:
<blockquote>The Public Comments demonstrated strong concerns, particularly amongst individual commentators, regarding the EPDP team’s proposal to exempt IGO Complainants from the requirement to agree to submit to a Mutual Jurisdiction, to the extent that it would result in limitations on the registrant’s ability to file court proceedings against an IGO or in compelling a registrant to go to arbitration. These commentators emphasized that the outcomes of the EPDP should not reduce or otherwise adversely affect the rights of registrants.<ref name="finalrep" /></blockquote>
The arbitration procedure was intended to provide recourse for registrants without requiring IGOs to submit to the jurisdiction of specific courts.
At [[ICANN 74]], the GNSO Council approved the final report and its recommendations.<ref>[https://74.schedule.icann.org/meetings/H2wGoiw8J8Lv7u6z8 ICANN 74 Archive - GNSO Council Meeting], June 15, 2022</ref>
==References==
==References==