[Gnso-igo-ingo-crp] [Ntfy-gnso-igo-ingo-crp] Our next meeting and Result of consensus Call: IGO-INGO Access to Curative Rights Protection Mechanisms WG meeting on Tuesday, 12 June 2018 16:00 UTC

[David W. Maher]

Petter:
You did not record the positions that I emailed on May 26:
I support the four recommendations. My support of recommendation 4 is reluctant; in principle I am not in favor of special treatment for any participant in a UDRP or URS proceeding. In this case, referral of the question to the IC ANN Board is an acceptable compromise that fulfills one of the group’s obligations under our charter.

I support Option 1.  I understand staff’s concern “that resolving a procedural question (immunity from jurisdiction) can automatically reverse a substantive panel finding, where the court has not had (and will not have) the opportunity to hear the case on its merits.” This problem will only arise if an IGO takes advantage of a UDRP or URS proceeding and then hides behind immunity. It appears from this group’s discussions that IGOs have had few or no problems in supporting their names and acronyms in court and administrative proceedings. For future proceedings, I believe it is justifiable to bar IGOs from invoking an intrinsically unfair legal maneuver.

I do not support Options 2 and 3. I do not believe that the deliberations of this group have shown any need for a new procedure.

I do not support Option 4. I initially supported this option, but, on reflection, I believe our report and recommendations (assuming that Options 2-6 are not supported) fulfill our obligations under our charter, and there is no need for a referral to another WG.

I do not support Option 5. I have seen no evidence to support the need for a procedural rule that would have limited applicability in courts around the world.
I do not support Option 6. Adding mediation to the UDRP procedures should be a question for the RPM WG. The second sentence of this option appears to duplicate Option 1.

David W. Maher
Public Interest Registry
Senior Vice-President – Law & Policy
+1 312 375 4849



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