- Category: (replace this text with one of the following categories: Administration/Budget, Board, ccTLD, gTLD, IP, ICANN Structure, International Agreement, Root Zone)Topic: (replace this text with a keywords from title) gTLDs
- Topic: WIPO Recommendations for UDRP
- Board meeting date: 27 May 1999
- Resolution number: 99.41, 99.42, 99.43, 99.44, 99.45, 99.46, 99.47, 99.48, 99.49
- URL for Board minutes/resolution: http://www.icann.org/en/minutes/minutes-27may99.htm
- Status: (replace this text with: Completed, Ongoing, Suspended)
Summary
(replace this text with the a one-sentence summary of the resolution)
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Staff summarized the World Intellectual Property Organization's "Final Report of the WIPO Internet Domain Name Process" and the comments that ICANN received on its recommendations. (In advance of the meeting the Directors had an opportunity to consider a full summary of the comments received on the WIPO recommendations, attached as Exhibit B hereto.)
The report was summarized as consisting of three parts: one part recommends registrar practices (such as contact information requirements and pre-payment) to forestall intellectual property disputes; one part recommends a uniform administrative procedure for dispute resolution regarding "abusive registration" of domain names; and one part proposes prerequisites for moving forward with new gTLDs--including a proposed mechanism for excluding registration in new gTLDs of "globally famous or well-known" marks by non-mark owners. Staff noted that a large group of commentators took the position that ICANN should not act on any part of the report, but should instead refer it to the DNSO; another significant group of commentators urged ICANN to act quickly and to adopt as many of the recommendations as possible right away.
The staff noted that ICANN's Registrar Accreditation Agreement already requires most of the registrar practices called for in the first part of the WIPO report. It was also noted that the Agreement calls for registrars to adopt dispute resolution policies, and that accredited registrars are already working together to do so. Counsel noted that Network Solutions' registry-registrar contract also calls for registrars to have dispute resolution policies in place, and that registrars are anxious to have guidance on a uniform policy.
Staff noted that although many commentators expressed support for the concept of a uniform dispute resolution policy, some raised questions about the specific mechanism proposed by WIPO. In particular, concern has been raised about whether domain name holders who lost in the proposed administrative proceeding would have any effective way to challenge the outcome in court. The Directors discussed that the scope of the mechanism recommended by WIPO may be insufficient for registrars, as ICANN's agreement with accredited registrars calls for them to adopt a dispute resolution policy covering SLD-related disputes, not only abusive registrations. The consensus among the Directors was that the Board supported the general concept of uniform dispute resolution for gTLD registrars, but that the details should be referred for further study by the DNSO--under an expedited time-line designed to facilitate adoption of uniform policies by registrars as soon as possible.
Staff noted that the WIPO recommendations regarding an exclusion mechanism for "globally famous or well-known" marks were the most controversial--with several commentators arguing that they would provide mark owners with rights beyond those granted under trademark law. The consensus among the Directors was that this issue also should be considered further by the DNSO.
Upon motion duly made and seconded, the Board then unanimously approved the adoption of the following resolutions (Director Capdeboscq being absent):Board accepts WIPO's Internet Domain Name Process report, and requests recommendations from DNSO relating to a uniform dispute resolution policy (UDRP).
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WHEREAS, in the White Paper the U.S. Government called on the World Intellectual Property Organization (WIPO) to develop recommendations regarding trademark disputes concerning domain names;
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FURTHER RESOLVED (Resolution 99.42), the ICANN Board notes that most of the recommendations in Chapter 2 of the WIPO report relating to best practices for registrars are closely similar to many of the elements of the Statement of Registrar Accreditation Policy adopted by the Board on March 4, 1999 and that the provisions of that policy are scheduled for review by the Board in the first half of 2000;
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FURTHER RESOLVED (Resolution 99.48), the ICANN Board refers the recommendations in Chapters 4 and 5 (with associated annexes) of the WIPO report to the ICANN DNSO for recommendations on the topics of those chapters, to be submitted to the ICANN Board at the earliest practicable time after the Board s meeting scheduled for August 24-26, 1999 in Santiago.
Implementation Actions
- (replace this text with specific Action Item) Provide testbed registrars with information and assistance in formulating a model dispute resolution policy. (replace this text with any additional notes related to this resolution, i.e. funding considerations)
- Responsible entity: (replace this text with the responsible entity: ICANN department, ICANN Community Structure, Board, U.S. Department of Commerce)
- Due date: (replace this text with Due Date)
- Completion date: (replace this text with Date action was implemented)
- (replace this text with specific Action Item)
- Responsible entity: (replace this text with the responsible entity: ICANN department, ICANN Community Structure, Board, U.S. Department of Commerce)
- Due date: (replace this text with Due Date)
- Completion date: (replace this text with Date action was implemented)
Other Related Resolutions
- (replace this text with links to related resolutions)
Additional Information
- : ICANN Staff
- Due date: None provided
- Completion date: June 1999
- Provide Board with recommendations on Chapter 3 of WIPO report, and any other recommendations on UDRP for registrars in .com, .net, and .org TLDs.
- Responsible entity: DNSO
- Due date: 31 July 1999
- Completion date: 31 July 1999
- Provide Board with written comments concerning UDRP for registrars in .com, .net, and .org TLDs.
- Responsible entity: Public
- Due date: 20 August 1999
- Completion date: 20 August 1999
- Provide Board with recommendations on Chapters 4 and 5 of WIPO report.
- Responsible entity: DNSO
- Due date: None provided
- Completion date: 26 August 1999
Other Related Resolutions
- Acceptance of DNSO's recommendation of adopting a UDRP: http://www.icann.org/en/meetings/santiago/santiago-resolutions.htm
- Implementation of Uniform Dispute Resolution Policy: http://www.icann.org/en/minutes/minutes-24oct99.htm
Additional Information
- For the WIPO Internet Domain Name Process report, see: http://www.icann.org/en/wipo/wipo-report.htm.
- For the Board Meeting Minutes introductory text before this resolution, see: http://www.icann.org/en/minutes/minutes-27may99.htm.
- The UDRP and its related documents can be accessed at http://www.icann.org/en/dndr/udrp/policy.htm.
- The resolution does not address funding for the items identified therein.
Explanatory text does not modify or override Resolutions. See Board Resolutions Page for more information.