Changes

After receiving the initial complaint, the dispute resolution service provider reviews the complaint for completeness and compliance with the procedural rules. Then, the provider appoints a one-panelist "Threshold Review Panel" to review the validity of the claim.<ref name="proc"> This process is somewhat comparable to a summary judgement proceeding<ref>[https://www.law.cornell.edu/wex/summary_judgment "Summary Judgement,"] Cornell Legal Information Institute</ref> in civil court: the complaint is evaluated for sufficiency of evidence, proof of harm, and other proofs of fact. However, it is initiated automatically rather than on motion from one of the parties. It can also create additional costs for the complainant. In WIPO's supplemental procedural rules, for example, the respondent has the option to submit a $500 filing fee, which requires complainant to match the fee. If the complaint does not pass threshold review, respondent's fee is refunded.<ref>[https://www.wipo.int/export/sites/www/amc/en/docs/supplrulestmpddrp.pdf WIPO - PDDRP Supplemental Rules (PDF)]</ref>  

After receiving the initial complaint, the dispute resolution service provider reviews the complaint for completeness and compliance with the procedural rules. Then, the provider appoints a one-panelist "Threshold Review Panel" to review the validity of the claim.<ref name="proc"> This process is somewhat comparable to a summary judgement proceeding<ref>[https://www.law.cornell.edu/wex/summary_judgment "Summary Judgement,"] Cornell Legal Information Institute</ref> in civil court: the complaint is evaluated for sufficiency of evidence, proof of harm, and other proofs of fact. However, it is initiated automatically rather than on motion from one of the parties. It can also create additional costs for the complainant. In WIPO's supplemental procedural rules, for example, the respondent has the option to submit a $500 filing fee, which requires complainant to match the fee. If the complaint does not pass threshold review, respondent's fee is refunded.<ref>[https://www.wipo.int/export/sites/www/amc/en/docs/supplrulestmpddrp.pdf WIPO - PDDRP Supplemental Rules (PDF)]</ref>  

Perhaps because of the difficulty of proving a case, the PDDRP mechanism has not been utilized often (or at all). ICANN has established agreements with three PDDRP service providers: WIPO, the National Arbitration Forum, and the Asian Domain Name Dispute Resolution Centre.<ref name="pddrp" /> None of these service providers have reported decisions of cases under the PDDRP.

Perhaps because of the difficulty of proving a case, the PDDRP mechanism has not been utilized often (or at all). ICANN has established agreements with three PDDRP service providers: WIPO, the National Arbitration Forum, and the Asian Domain Name Dispute Resolution Centre.<ref name="pddrp" /> None of these service providers have reported decisions of cases under the PDDRP. The Final Report of GNSO's Phase 1 Review of all Rights Protection Mechanisms notes that there has never been a complaint.<ref name="pdpreport">[https://gnso.icann.org/en/issues/council-recommendations-rpm-pdp-phase-1-report-10feb21-en.pdf RPM PDP Phase 1 Report], February 10, 2021 (PDF)</ref> The GNSO recommended that it be made more clear that proceedings could be initiated by a group of claimants against a specific registry operator.<ref name="pdpreport" /> The recommendation notes that this was always implied by the procedures, but that clarifying the right for a "class" of complainants to initiate a complaint might spur use of the mechanism.<ref name="pdpreport" />

==GNSO Review of Rights Protection Mechanisms==

==GNSO Review of Rights Protection Mechanisms==

In 2016, the [[GNSO]] initiated a [[Policy Development Process]] to [[PDP Review of All Rights Protection Mechanisms in All gTLDs|review all of ICANN's rights protection mechanisms]] in all [[gTLDs]].<ref>[https://gnso.icann.org/en/drafts/rpm-charter-15mar16-en.pdf RPM Working Group Charter], March 15, 2016 (PDF)</ref>

In 2016, the [[GNSO]] initiated a [[Policy Development Process]] to [[PDP Review of All Rights Protection Mechanisms in All gTLDs|review all of ICANN's rights protection mechanisms]] in all [[gTLDs]].<ref>[https://gnso.icann.org/en/drafts/rpm-charter-15mar16-en.pdf RPM Working Group Charter], March 15, 2016 (PDF)</ref>

The first phase focused on mechanisms introduced alongside the new gTLD program. The Phase One report of the GNSO was finalized by the Working Group on November 24, 2020.<ref name="pdp">[https://gnso.icann.org/en/group-activities/active/rpm GNSO PDP Hub - Review of RPMs in all gTLDs]</ref> The [[GNSO Council]] approved the final report and its recommendations on January 21, 2021.<ref>[https://gnso.icann.org/en/council/resolutions/2021 GNSO Council Resolutions 2021]</ref> The GNSO presented the report to the [[ICANN Board]] on February 10, 2021.<ref name="pdp" /><ref>[https://gnso.icann.org/en/issues/council-recommendations-rpm-pdp-phase-1-report-10feb21-en.pdf RPM PDP Phase 1 Report], February 10, 2021 (PDF)</ref> A public comment period will occur before board action on the report.<ref name="pdp" />

The first phase focused on mechanisms introduced alongside the new gTLD program. The Phase One report of the GNSO was finalized by the Working Group on November 24, 2020.<ref name="pdp">[https://gnso.icann.org/en/group-activities/active/rpm GNSO PDP Hub - Review of RPMs in all gTLDs]</ref> The [[GNSO Council]] approved the final report and its recommendations on January 21, 2021.<ref>[https://gnso.icann.org/en/council/resolutions/2021 GNSO Council Resolutions 2021]</ref> The GNSO presented the report to the [[ICANN Board]] on February 10, 2021.<ref name="pdp" /><ref name="pdpreport" /> A public comment period will occur before board action on the report.<ref name="pdp" />

The second phase will deal solely with the UDRP.<ref>[https://community.icann.org/display/RARPMRIAGPWG ICANN.org Working Group workspace - RPMs in all gTLDs]</ref>

The second phase will deal solely with the UDRP.<ref>[https://community.icann.org/display/RARPMRIAGPWG ICANN.org Working Group workspace - RPMs in all gTLDs]</ref>