Joint Working Group for WIPO-2 Process Issues
Remarks of Jonathan Cohen, July 2004
(please note the full and final report of the committee is made up of this "Final" report of july 2004,and, the interim 1st report provided to the Board after the ICANN meeting in Rome in March 2004)
It has been a most interesting and edifying experience to Chair this Committee.I would like to thank Paul Twomey and the Board for this privilege.
I also wish to thank John Jeffrey for his able assitance and particularly wish to thank the many Committee members who gave of their time and energy and shared their ideas faithfully and patiently to help us fulfil our mission.
As you would expect with the Committee made up of people from very different backgrounds ,there was lively discussion on many subjects and there was no broad agreement or consensus on the main issue of accepting the recommendation of WIPO(GAC) to implement the changes to the UDRP set out in WIPO2.
There were about half the committee who generally opposed implementing WIPO2.
Those opposed held views ranging from
On the question of implementation,those opposed generally still came up with ideas that were discussed and may merit further thought,namely
Those in favour of adopting WIPO2 believed strongly that so many governments (and the GAC) had approved this recommendation that it ought to move forward promptly and that it was not really the work of ICANN or its committee to question "whether" WIPO2 should be implemented But rather ,simply, "HOW". Nonetheless they participated fully in those discussions and gave cogent arguments in support of their position such as:
The first(interim) report of this committee outlines in good detail the arguments/discussions on the Question of whether to implement the GAC recommendations contained in WIPO2.Following these remarks is a record of the discussions of the Committee on the Question of "How" to implement WIPO2 should the Board choose to do so.
CAUTION: For convenience sake I have tried above to loosely summarize some of the discussions and viewpoints of committee members but this is ABSOLUTELY NOT a substitute for reading the accurate transcription of the discussions which are in the 1st and 2nd Reports to the Board.
Chairs Personal Comments:
Throughout the discussions I have refrained from expressing my point of view on matters under review by the Committee.I will not now give my personal point of view, But, as an observer of the process I can give some "backboard" thoughts.
While some members are adamantly opposed to the implementation of WIPO2 ''my sense'' of many of those opposed was that given certain conditions it 'might' be 'bearable'.I sensed if current UDRP rules are maintained the opposition to WIPO2 becomes very faint.In second place would likely be a seperate UDRP where the rules etc can be worked out away from current UDRP. Third is a reserve list but many pointed out this has its own set of problems including "absolute exclusion" which can be unjust.
(I have decided after listening to the thoughts of the Committee on the matter to include as an Appendix to this report the proposal of one Committee member on the subject of implementation of WIPO2.It has received the support of several Committee members who are in favour of implementing WIPO2. However, I must caution that