[Gnso-igo-ingo-crp] Number of UDRPs being "targeted" by WIPO as a performance metric

[Paul Keating]

George,

I really don't think this shows any evil intent.   It is really just
budgeting.

PRK

On 10/21/15 6:44 PM, "George Kirikos" <gnso-igo-ingo-crp-bounces at icann.org
on behalf of icann at leap.com> wrote:

>Hi folks,
>
>There was an interesting article at IP-Watch last week that mentioned
>various performance targets set by WIPO, see:
>
>http://www.ip-watch.org/2015/10/12/wipo-reports-on-domain-name-disputes-se
>ts-new-targets/
>
>In particular, there are references to the budget document at:
>
>http://www.wipo.int/edocs/mdocs/govbody/en/a_55/a_55_5_rev.pdf
>
>(see pages 62-65) I'm particularly concerned about how, on page 64,
>that "Effective Intellectual Property Protection in the gTLDs and the
>ccTLDs) is being measured using "No. of UDRP based gTLD and ccTLD
>cases administered by the Center". They have targets of 3,000 gTLD
>cases in the 2016/17 budget period, despite *never* having had so many
>cases in the past, see:
>
>http://www.wipo.int/amc/en/domains/casesx/all.html
>
>Year    Cases
>==============
>2008:   2,009
>2009:   1,804
>2010:   2,295
>2011:    2,323
>2012:    2,549
>2013:    2,257
>2014:    2,288
>2015:    1,869** (as of October 21, 2015)
>
>To me, it seems that if IP Protection is effective, one should be
>seeing *fewer* UDRPs, not more of them! Just like if we're measuring
>traffic safety, fewer traffic court cases would be a sign that drivers
>are obeying the law.
>
>In my opinion, this reveals a huge disconnect between WIPO and the
>rest of society. It seems that WIPO is displeased if the number of
>domain name disputes is falling or drops to zero, presumably because
>it cuts into their "business". Indeed, they're targeting increases in
>the number of cases far higher than have existed in the history of the
>UDRP program (2012 was the all-time high, with 2,549 cases).
>
>On page 63, they consider one of the "Major Risks" to be a "Decrease
>in UDRP filing", and suggest that they will mitigate that by
>"Increasing user-friendliness; Adjusting UDRP procedures (where
>ICANN-tolerated); continued Uniform Rapid Suspension (i.e.(URS))
>monitoring; participating in ICANN UDRP review; more regular
>partnering with IP and related associations; prioritizing case
>administration and policy development resources to strike balance
>between ³staying in the market² and adding specific WIPO value."
>
>This really demonstrates the risks of "forum shopping". Courts and
>tribunals are supposed to be neutral, and should not be actively
>encouraging disputes. Those that see UDRP as a "business" that has
>growing "performance targets" will try to influence policies and
>change their behaviour to increase the number of complaints,
>regardless of the actual incidence of bad behaviour by domain name
>registrants.
>
>There are some companies, for example, that are in the business of
>building jails, and try to influence the laws so that more and more
>people are incarcerated, independent of the actual level of crime in
>society. Indeed, if crime is falling, they need more and more
>non-crimes to be reclassified as "crimes" in order to keep the jails
>full. This appears to be the path that WIPO is taking, with its
>budgetary targets and statements.
>
>Ayn Rand warned about this in "Atlas Shrugged"
>
>"Well, when there aren't enough criminals one makes them. One declares
>so many things to be a crime that it becomes impossible for men to
>live without breaking laws. Who wants a nation of law-abiding
>citizens? What's there in that for anyone? But just pass the kind of
>laws that can neither be observed nor enforced or objectively
>interpreted ­ and you create a nation of law-breakers ­ and then you
>cash in on guilt. "
>
>This working group should resist the efforts of those who have an
>interest in increasing the number of disputes, because it helps their
>"business" that cashes in on "guilt." Our duty should be to look at
>existing laws, and not create new ones that help those whose
>businesses rely upon an ever-expanding definition of "crime."
>
>Sincerely,
>
>George Kirikos
>416-588-0269
>http://www.leap.com/
>_______________________________________________
>Gnso-igo-ingo-crp mailing list
>Gnso-igo-ingo-crp at icann.org
>https://mm.icann.org/mailman/listinfo/gnso-igo-ingo-crp