Changes

====Public Comment on the PSR====

====Public Comment on the PSR====

The PSR received 41 comments.<ref name="psrpc">[https://itp.cdn.icann.org/en/files/consensus-policy/public-comment-summary-report-udrp-policy-status-10-05-2022-en.pdf Summary Report of Public Comment Proceeding, UDRP PSR], May 10, 2022</ref><ref>[https://www.icann.org/en/public-comment/proceeding/policy-status-report-uniform-domain-name-dispute-resolution-policy-udrp-03-03-2022 ICANN.org Public Comment Archive - UDRP Policy Status Report], March-April, 2022</ref> The comments were polarized around the effectiveness of the UDRP as a shield preventing abusive registrations versus its use as a sword to claim domains that were not violating a mark holder's rights. The [[IPC]] and [[INTA]] both considered review or reform of the UDRP as a low-priority issue for ICANN.<ref name="psrpc" />However, many advocates for an unfettered secondary market in domains saw potential for consensus improvements:

The PSR received 41 comments.<ref name="psrpcreport" /><ref name="psrpc" /> The comments were polarized around the effectiveness of the UDRP as a shield preventing abusive registrations versus its use as a sword to claim domains that were not violating a mark holder's rights. The [[IPC]]<ref>[https://www.icann.org/en/public-comment/proceeding/policy-status-report-uniform-domain-name-dispute-resolution-policy-udrp-03-03-2022/submissions/intellectual-property-constituency--19-04-2022 Intellectual Property Constituency Public Comment Submission], April 19, 2022</ref> and [[INTA]]<ref>[https://www.icann.org/en/public-comment/proceeding/policy-status-report-uniform-domain-name-dispute-resolution-policy-udrp-03-03-2022/submissions/international-trademark-association-inta-18-04-2022 International Trademark Association Public Comment Submission], April 18, 2022</ref> both considered review or reform of the UDRP as a low-priority issue for ICANN.<ref name="psrpcreport" /> However, many advocates for an unfettered secondary market in domains saw potential for consensus improvements:

* The [[Internet Commerce Association]] saw opportunities for improvements on both sides: "The ICA strongly believes that improvements to the UDRP are not a “zero-sum game” in which improvements that benefit domain name registrants necessarily harm trademark owners or vice versa. There is ample opportunity to improve the UDRP for all concerned stakeholders. A more efficient process without unnecessary delays benefits trademark owners but does not necessarily harm registrants. Improved interpretative consistency and addressing procedural gaps would benefit legitimate registrants but would not harm the enforcement objectives of brand owners."<ref>[https://www.icann.org/en/public-comment/proceeding/policy-status-report-uniform-domain-name-dispute-resolution-policy-udrp-03-03-2022/submissions/internet-commerce-association-19-04-2022 ICA Public Comment Submission], April 19, 2022</ref>

* The [[Internet Commerce Association]] saw opportunities for improvements on both sides: "The ICA strongly believes that improvements to the UDRP are not a “zero-sum game” in which improvements that benefit domain name registrants necessarily harm trademark owners or vice versa. There is ample opportunity to improve the UDRP for all concerned stakeholders. A more efficient process without unnecessary delays benefits trademark owners but does not necessarily harm registrants. Improved interpretative consistency and addressing procedural gaps would benefit legitimate registrants but would not harm the enforcement objectives of brand owners."<ref>[https://www.icann.org/en/public-comment/proceeding/policy-status-report-uniform-domain-name-dispute-resolution-policy-udrp-03-03-2022/submissions/internet-commerce-association-19-04-2022 ICA Public Comment Submission], April 19, 2022</ref>

* Similarly, [[Telepathy, Inc.]] saw the review as an opportunity to improve the process for everyone: "The review is an opportunity for all stakeholders to preserve the essentials of the UDRP while exploring areas to improve the UDRP for the benefit of all who are affected by the policy. There are opportunities to reduce the burden and increase the efficacy of the UDRP for brand owners. There are opportunities to clarify the legitimate rights of good faith participants in the domain name secondary market."<ref>[https://www.icann.org/en/public-comment/proceeding/policy-status-report-uniform-domain-name-dispute-resolution-policy-udrp-03-03-2022/submissions/telepathy-inc-15-04-2022 Telepathy, Inc. Public Comment Submission], April 15, 2022</ref>

* Similarly, [[Telepathy, Inc.]] saw the review as an opportunity to improve the process for everyone: "The review is an opportunity for all stakeholders to preserve the essentials of the UDRP while exploring areas to improve the UDRP for the benefit of all who are affected by the policy. There are opportunities to reduce the burden and increase the efficacy of the UDRP for brand owners. There are opportunities to clarify the legitimate rights of good faith participants in the domain name secondary market."<ref>[https://www.icann.org/en/public-comment/proceeding/policy-status-report-uniform-domain-name-dispute-resolution-policy-udrp-03-03-2022/submissions/telepathy-inc-15-04-2022 Telepathy, Inc. Public Comment Submission], April 15, 2022</ref>