EPDP for Specific Curative Rights Protections for IGOs
|EPDP for Specific Curative Rights Protections for IGOs|
|Issue Areas:||Intellectual Property|
The EPDP for Specific Curative Rights Protections for IGOs was created as part of the IGO work track of the PDP Review of All Rights Protection Mechanisms in All gTLDs (PDP-RPM). The review of rights protection mechanisms included a recommendation that raised an "admittedly rare" issue specific to international governmental organizations, where:
(i) an IGO has prevailed in a Uniform Domain Name Dispute Resolution Policy (UDRP) or Uniform Rapid Suspension (URS) proceeding; and
(ii) the losing registrant files suit in a court of competent jurisdiction; and
(iii) the IGO successfully claims immunity from the jurisdiction of that court; then
(iv) the original UDRP or URS panel decision is to be set aside.
Under the UDRP and URS, petitioners are required to submit to the jurisdiction of a court at "either (a) the principal office of the registrar...or (b) the domain name registrant's address as shown for the registration of the domain name." Because IGOs may typically claim immunity from the jurisdiction of any national court, there exists the possibility that an IGO would do so in the event a suit is filed to contest the outcome of a UDRP or URS proceeding. However, claiming immunity in this way effectively voids the underlying ruling, as the IGO is no longer agreeing to submit to the jurisdiction of the court in question. The EPDP charter addresses this issue, and builds on the original charter addendum for an IGO work track from PDP-RPM.