[registration-issues-wg] [CPWG] [GTLD-WG] WIPO FAQ page on GDPR and its impact on the UDRP.

gtheo gtheo at xs4all.nl
Mon Sep 3 07:32:49 UTC 2018


You can easily zoom in on the cases and the decisions by WIPO; 
http://www.wipo.int/rss/index.xml?col=dnddocs

Out of interest, how do you actually determine 1? 2,3,4 are 
self-explanatory and cybersquatting is an issue for a lot of actors 
within the DNS ecosystem and a complex one to solve.

Best,
Theo

Greg Shatan schreef op 2018-09-03 06:12 AM:
> I'm not sure what you mean by this, since UDRP cases aren't "solved".
> 
> It's unclear whether this statistic is the number of cases filed each
> month, or the number of cases decided each month.  But that doesn't 
> really
> matter.
> 
> UDRP cases can be filed even in the absence of information regarding 
> the
> identity of the registrant.  That's not the issue, and I don't believe
> there were any claims that WHOIS partly "going dark" would result in 
> fewer
> cases being filed.  If anything, more cases (but not better cases) may 
> be
> filed (see #1 below).
> 
> The issues that are caused by lack of registrant information include 
> the
> following:
> 
> 1.  The potential complainant won't be able to tell whether the 
> registrant
> may have a legitimate interest in the domain name, and whether that 
> right
> predates the complainant's rights.  This could result in cases being 
> filed
> that wouldn't be filed with better information.
> 2.  The potential complainant will have a much tougher time determining
> whether the registrant engages in a pattern and practice of 
> cybersquatting
> (since the identity of the registrant will not be known at the time of 
> the
> complaint).
> 3.  The potential complainant will have a much tougher time determining
> whether other infringing domain names are owned by the same registrant.
> 4.  It will be more difficult to consolidate cases, since it won't be
> immediately clear that domains in different are under common control.
> 
> Best regards,
> 
> Greg
> 
> On Mon, Aug 27, 2018 at 3:33 AM gtheo <gtheo at xs4all.nl> wrote:
> 
>> So far the numbers of solved UDRP's under the GDPR regime remains the
>> same compared to last year.
>> 
>> http://www.wipo.int/amc/en/domains/statistics/cases_yr.jsp?year=2018
>> 
>> WIPO has a lot of statistics;
>> http://www.wipo.int/amc/en/domains/statistics/
>> 
>> Best,
>> 
>> Theo Geurts
>> 
>> 
>> 
>> 
>> Dev Anand Teelucksingh schreef op 2018-08-26 09:04 PM:
>> > the WIPO Center has produced the present Q&A on the GDPR’s relation
>> > to the UDRP.
>> >
>> > http://www.wipo.int/amc/en/domains/gdpr/
>> > _______________________________________________
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>> > CPWG at icann.org
>> > https://mm.icann.org/mailman/listinfo/cpwg
>> >
>> > _______________________________________________
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> 
> 
> 
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