[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]

Comment on pNC recommendation to ICANN board regarding implementation of the WIPO recommendations from the WIPO Final Report

My name is J. Scott Evans.  I am an intellectual property attorney and shareholder at Adams Law Firm, P.A. in Charlotte, North Carolina.  I am also Chairman of the DNS Subcommittee for the International Trademark Assoication.  As a representative of INTA, I recently participated in the drafting of a propose Model Dispute Resolution Policy being drafted by the registrars.  While the propose uDRP that the registrars have drafted tracks the WIPO recommendations in many respects it has one very significant flaw.  Specifically, the registrar's draft Model Dispute Resolution Policy being submitted in Santiago does not require that providers of dispute resolution services adopt and abide by a uniform set of procedural rules.  In contrast, the registrar's draft policy specifically states that each provider of service will have its own set of procedural rules.  IMHO, the lack of a requirement for uniform rules of procedures is a fatal flaw in the registrars proposed Model Dispute Resolution Policy.  The pNC recommendations to the Board state that any uDRP must also have uniform rules of procedure.  This is an imperative requirement for any proposed uDRP
I stongly urge the ICANN Board to accept the pNC's recommendations regarding the WIPO Final Report.  I also call on the ICANN Board to encourage the drafters of any uDRP to include specific provisons any such policy requiring adherence to a uniform rules of procedures in accordance with the WG A report and the pNC recommendations.
J. Scott Evans