Question: Asia/Pacific region is a vast territory with rapid Internet development. In my understanding, there should be at least one mediation and arbitration point based on UDRP of and designated by ICANN for domain name and trademark dispute settlement in that region. What's your opinion?

Nominee Replies

Johannes Chiang - posted on 2000-09-25 08:03:49 I support this suggestion base on my principles as I stated in my nominee Web-Pages for this ICANN election (also on my own web-site); i.e. the policy making of ICANN should lead to the Asia-Australian-Pacific Information Village. This includes of course an UDRP-related mechanism. And, I would also like to think for our members in Australia/New Zealand besides those in Asia. Secondly, I have suggested that we should introduce the preventive thinking into the UDRP and the relevant activities. May I use this chance to explain the related issues more clearly! In order to make this mediation and arbitration point work effectively and efficiently as Dr. Gao stated, we should at best plan the targets (what) of this functional unit and start to think how can we arrive the targets. I hope Mr. Katoh will agree me with this kind of Hoshin Kanri (Policy Deployment). Should it resolve the regional problems internal the Asia-Australian-Pacific region, or solve the cross-regional conflicts? Or, should we achieve both of the targets with this agency? Regarding this, we should at first exam the volume and density of the UDRP-related problems within our region. Thereafter, we could even determine where it should be located. I also like to suggest that we should at the best maintain a uniform dispute resolution system consistent with the global standard. And, we should invite international arbitrators to work in this regional point. As the second, I suggest that this functional unit should also have the educational and consultant functions in relation to UDRP. I believe it is more important to prevent the potential problems before they occur than just to resolve them afterwards. I respect for the suggestion of Mr. Katoh to resolve in Japan the issues within the ccTLD area following the UDRP principles. Nevertheless, we rarely do this until now. I think it is because there are rich cultures worldwide and hence specific conditions internal in many countries. It takes time for us to discuss about this with the members in our region. The Japanese experience will be a good example for us. Let us work together for the UDRP related issues further! Masanobu Katoh - posted on 2000-09-21 14:37:42 I also support your suggestion. It is very important to have a uniform dispute resolution system consistent throughout the world. Also, it is important that the arbitrators understand the local laws and issues so that fair decisions are reached. Therefore, the establishment of local/regional ICANN-accredited organizations would be helpful. I should also mention that the ccTLDs should follow procedures similar to those ICANN established for the UDRP. JPNIC in Japan announced its dispute resolution policy (I was involved in this process as one of the drafting members), which is consistent with the UDRP. Such coordination and harmonization efforts should be encouraged more in Asia. Lulin Gao - posted on 2000-09-20 02:04:23 I fully support the efforts in this regard so that disputes involving trademarks and other intellectual property rights held by owners in the Asia/Pacific region can be effectively and efficiently resolved.