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

[Nahitchevansky, Georges]

George

Court actions are typically available post UDRP in a number of jurisdictions. These include, by way of a few examples I know of and have experience with, the US, China, France, Germany, Italy, and Japan. There are  many other countries that also allow for court actions.  Best. Georges

  Original Message
‎
EwFrom: George Kirikos
Sent: Thursday, November 23, 2017 10:43 AM‎
To: gnso-rpm-wg at icann.org
Subject: Re: [gnso-rpm-wg] Availability of Court for Domain Name owners challenging a URS decision -- false assumption?


Just to followup on this, Article 43(3) of those same Chinese
governance rules seem to imply that the panel decisions are not final.
According to the Google translation:

"43(3) According to the ruling of the people's court, the verdict of the
domain name dispute resolution agency should be canceled;"

Perhaps the translation isn't correct, but that would seem to say that
the people's court can overrule the dispute resolution agency. So, the
courts appear to have the final say.

Sincerely,

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


On Thu, Nov 23, 2017 at 10:30 AM, George Kirikos <icann at leap.com> wrote:
> Hello,
>
> On Thu, Nov 23, 2017 at 10:13 AM, socata <socata at ruc.edu.cn> wrote:
>> I would like to provide some my information for this issue in China
>> jurisdiction.
>>
>> According to China Domain Name Governance Rule, the decision made by Domain
>> Name Dispute  Resolution Panel decision is final decision in China.
>> You may see  article 42 in  China Domain Name Governance Rule for detail
>> information.
>>
>> Link for China Domain Name Governance Rule:
>> http://www.miit.gov.cn/n1146295/n1146557/n1146624/c5778555/content.html
>
> Thanks for your message. Is that for the .cn ccTLD? Or does that apply
> rule to gTLDs like .com? (the Google Translation is a bit confusing to
> me)
>
> I know that the Canary.com UDRP decision against a Chinese registrant
> from 4 years ago wasn't final, as the domain name is still owned by
> that registrant (I believe they appealed in court):
>
> https://www.thedomains.com/2013/10/24/disturbing-12-year-old-canary-com-lost-in-udrp/
> http://www.adrforum.com/domaindecisions/1515762.htm
>
> I believe the same thing happened for Razer.com in early 2016:
>
> https://www.namepros.com/blog/razer-upgrades-from-razerzone-com-to-razer-com-legal-battle-revealed.1050304/
>
> albeit in Hong Kong. Of concern, the original UDRP decision does not
> appear on the ADNDRC website.
>
> Sincerely,
>
> George Kirikos
> 416-588-0269
> http://www.leap.com/
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