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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.
Sincerely,
J. Scott Evans