URS Individual Proposal #3
- Ariel Liang
URS Individual Proposal #3 Revise URS Policy Paragraph 10 to reflect the following new provisions: 10.3 There shall be an option for a successful or unsuccessful Complainant to extend the registration period for one additional year at commercial rates. 10.5 Notwithstanding any locking of a domain name pursuant to Paragraph 4.1 and notwithstanding the suspension of domain name pursuant to Paragraph 10.2, a registrant shall be entitled to renew a subject domain name registration and the Registry shall permit same in accordance with its usual commercial rates for a period of up to one year. |
Context:
Rationale provided by the Proponent: What happens when a URS decision is issued, for example, merely one (1) day prior to the expiry of the disputed domain name? Pursuant to Paragraph 12.4 of the URS Policy, an appeal must be brought within 14 days of the decision. Both Complainants and Respondents would as a result, be unable to appeal under such circumstances, unless they filed the appeal within one (1) day of the decision coming out, since the registration would expire before the end of the 14-day appeal period.
Accordingly, the URS Policy needs to correct this oversight in order to enable the appeal mechanism to work in all situations. Currently, a Complainant can only renew a domain name if it was successful in the URS proceeding. The proposal allows an unsuccessful Complainant to also renew the registration for a year, so as to enable an appeal in circumstances where the 14 day appeal period extends beyond the registration expiry date.
Similarly, a registrant who wants to appeal a suspension order also needs to be able to extend the registration beyond the original expiry date.
A registrant also needs to be able to extend the registration period if it wants to file a Response within six (6) months of the Default Determination, in circumstances where the registration expiry date will occur before the end of the six (6) month period.
This policy proposal would oblige the parties to extend the registration period if they wanted to appeal and the domain name was going to imminently expire.
Working Group Deliberation: There was wide support in the Working Group to publish the proposal in the Initial Report to seek public comment.