PDP Review of All Rights Protection Mechanisms in All gTLDs
| PDP Review of All Rights Protection Mechanisms in All gTLDs | |
|---|---|
| Status: | Active |
| Issue Areas: | Dispute Resolution |
| Date Established: | February 2016 |
| Charter: | WG Charter |
| Workspace: | Community Wiki |
The Policy Development Process (PDP) Review of All Rights Protection Mechanisms in All gTLDs is a GNSO project established in 2016 to review the full range of rights protection mechanisms (RPMs) within the domain space.[1].
Background
Disputes and questions around the legal rights and legitimate ownership of domain names is nothing new. In 1999, the Uniform Domain-Name Dispute-Resolution Policy (UDRP) was established to resolve disputes relating to the registration of domain names.[2] Ahead of the new gTLD Program, several new RPMs were developed, including the Trademark Clearinghouse (TMCH), Uniform Rapid Suspension (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]
In February 2011, the GNSO Council requested an Issues Report in accordance with the recommendations of the Registration Abuse Policies Working Group. In response, ICANN staff reviewed the UDRP ahead of the New gTLD Program, releasing its report in October 2011, recommending that the GNSO hold off on forming a PDP until the URS had been in effect for at least 18 months. Later, 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.[1] ICANN staff submitted the Final Issue Report in January 2016, and the WG was chartered in March 2016.[1] 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.[4]
The PDP Review of RPMs in all gTLDs was spun out of the Final Issue Report on the current state of the UDRP in 2011 and the subsequent Issue Report on the current state of all RPMs in 2016.[1]
Phases
The PDP was initiated in February 2016 to review all RPMs in two phases:
- PHASE 1: All RPMs applicable to New gTLDs (2012 Program)
- Trademark Post-Delegation Dispute Resolution Procedures (TM-PDDRPs);
- Trademark Clearinghouse (TMCH); and
- Uniform Rapid Suspension Dispute Resolution Procedure (URS)
- PHASE 2: Uniform Domain Name Dispute Resolution Policy (UDRP)
References
- ↑ 1.0 1.1 1.2 1.3 GNSO's PDP Hub - Review of all RPMs
- ↑ https://gnso.icann.org/sites/default/files/filefield_48143/rpm-prelim-issue-09oct15-en.pdf
- ↑ https://gnso.icann.org/sites/default/files/filefield_48143/rpm-prelim-issue-09oct15-en.pdf
- ↑ Review of all RPMs Charter, March 15, 2016