JIPA Comment on UDRP

["NAKAMURA, Tomohiro" <tomnak@top.ef.toyota.co.jp>]

To Board members:

I would like to comment on UDRP as mentioned below.
Comment has made on Octoebr, 13, 1999, but it does not
apper to find in the comments archive.

Best regards,

Tomohiro Nakamura
Co-Chair, Trademark Committee
The Japan Intellectual Property Association
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Comments on Staff Report on Implementation Documents
for the Uniform Dispute Resolution Policy
by the Japan Intellectual Property Association, Trademark Committee(JIPA-TC)

Among other things, JIPA-TC would like to comment on the Remaining Open Implementation Issues as to Which Comments Is Sought, particularly the item 3, discussing possible procedures for selection of Providers and Panelist. Comments are made on each
alternative.

a.  Disagree
 While we can*t deny the advantage of fostering competition among Provides, this approach may give the complainant influence over the panel's composition. Given the fact that some domain name holders now suffer from so-called "reverse domain
hijacking", a procedure for selection of Providers and Panel should give best priority on creating well-balanced procedures for the both sides.
b.  Disagree
 This approach may not only present imbalance like alternative (a), but also not stimulate effective competition among Providers.
c.  Disagree
 JIPA-TC completely sticks to the views of ICANN staff and counsel, that is, this approach may severely impair the principle that the dispute resolution policy should be uniform among registrars, and is therefore contrary to Board Resolution.
d.  Agree
 This approach may satisfy major desirable aspects of procedures, such as fostering effective price competition, balancing influence over the composition of panel. This procedure undoubtedly fills the bill.


--
Tomohiro Nakamura
Trademark & Design
Intellectual Property
Toyota Motor Corporation
1 Toyota, Toyota, Aichi
471-8572 JAPAN
voice: +81 565 23 6738
fax: +81 565 23 5748