[gnso-rpm-wg] Availability of Court for Domain Name owners challenging a URS decision -- false assumption?

[Jonathan_agmon icann]

George,

Are you saying that the PDDRP is supposed to create a new cause of action under any national law? Why would you think that? 

I am unclear why you think that par. 22.1 below means that parties have "no 'cause of action' to actually have de novo court review in certain jurisdictions."? 

Can you explain your reasoning?

The fact of the matter is that these DRMs are just dispute resolutions mechanisms. Legally speaking they are agreements between parties who agree to adjudicate certain disputes in accordance with certain rules. 

I'll be happy to understand what you are trying to say.

Thanks,


-----Original Message-----
From: gnso-rpm-wg [mailto:gnso-rpm-wg-bounces at icann.org] On Behalf Of George Kirikos
Sent: Tuesday, November 21, 2017 3:53 AM
To: gnso-rpm-wg <gnso-rpm-wg at icann.org>
Subject: Re: [gnso-rpm-wg] Availability of Court for Domain Name owners challenging a URS decision -- false assumption?

By the way, this issue is likely not limited to just the URS/UDRP. It would appear to impact the PDDRP too, see the language of:

https://newgtlds.icann.org/en/applicants/agb/pddrp-04jun12-en.pdf

"22.1 The Trademark PDDRP is not intended as an exclusive procedure and does not preclude individuals from seeking remedies in courts of law, including, as applicable, review of an Expert Determination as to liability."

(the word 'individuals' is strange in that sentence; I think they meant 'parties')

If there's no 'cause of action' to actually have de novo court review in certain jurisdictions, then a registry operator might find themselves deprived of due process, should the PDDRP panel deliver an adverse decision to them. Given the number of registry operators based in the UK, and the enormous value of some of those TLDs, the need to ensure that they have access to courts too should be determined.

[One can view which registries are based in the UK, or Australia, etc.
and potentially vulnerable at:

http://registrarstats.com/gTlds.aspx

and sort by country]

Sincerely
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