[gnso-rpm-wg] PDDRP topics -- limitation period to bring a PDDRP

Steve Levy slevy at accentlawgroup.com
Wed Jul 20 17:59:22 UTC 2016


George,

I understand the foundation of your idea - that parties should not have greater rights through the PDDRP than they would in a court of law.  But, by the same token, they shouldn't have lesser rights either.

As such, I suggest revising your recommendation so that any time limit for bringing a PDDRP claim would be the longer of the applicable statute of limitations for such a claim in the complainant's or respondent's  jurisdictions if such claim were to have been brought in the courts.

Regards,
Steve


[cid:D74E9783-4E9A-4A5E-A24A-FDF16E870B99]

Steven M. Levy, Esq.

Accent Law Group, Inc.
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On 7/20/16, 1:49 PM, "gnso-rpm-wg-bounces at icann.org<mailto:gnso-rpm-wg-bounces at icann.org> on behalf of George Kirikos" <gnso-rpm-wg-bounces at icann.org<mailto:gnso-rpm-wg-bounces at icann.org> on behalf of icann at leap.com<mailto:icann at leap.com>> wrote:

Hi folks,

I don't think this was brought up before yet in the context of the
PDDRP, but perhaps it can be added to the list of topics.

It would be very odd if complainants were allowed to bring a PDDRP for
a matter that was not able to be brought by them in a court of law,
because it was barred by the relevant statute of limitations. I think
amending the PDDRP to explicitly add a time limit for bringing a PDDRP
would make sense, to handle this situation. 2 years would be a
suitable limit, in my opinion, and would help ensure that complaints
are brought in a timely fashion.

Thoughts?

Sincerely,

George Kirikos
416-588-0269
http://www.leap.com/
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