PDP Review of All Rights Protection Mechanisms in All gTLDs

Last Updated: 15 March 2016

Summary

The question of who legally has rights to, or is the legitimate holder of, a domain name can be open to dispute. In relation to domain name disputes concerning the registration and use of legally protected trademarks, the Uniform Dispute Resolution Policy (UDRP) is the longest standing alternative dispute resolution procedure. As a result of the New gTLD Program, several new rights protection mechanisms (RPMs) were developed to mitigate potential risks and costs to trademark rights holders that could arise in the expansion of the gTLD namespace: the Uniform Rapid Suspension Dispute Resolution Procedure (URS); the Trademark Clearinghouse (TMCH) and the associated availability through the TMCH of Sunrise periods and the Trademark Claims notification service; and the Post-Delegation Dispute Resolution Procedures (PDDRPs).

Prior to the launch of the New gTLD Program, on 3 October 2011 ICANN staff had published a Final Issue Report on the current state of the UDRP. The recommended course of action in that UDRP Report was not to initiate a PDP at the time, but to hold off launching any such PDP until after the new URS had been in operation for at least eighteen (18) months.

Subsequently, on 15 December 2011, the GNSO Council requested that ICANN staff prepare and publish a new Issue Report on the current state of all rights protection mechanisms implemented for both existing and new gTLDs, including but not limited to the UDRP and URS. This Preliminary Issue Report is being published for public comment as the result of that GNSO Council request.

Status

Workinggroup Status

 

Web Presence

Responsible Staff Members

  • Mary Wong
  • Lars Hoffmann
  • David Tait

GNSO Council Request for Preliminary Issue Report

RESOLVED further, the GNSO Council requests a new Issue Report on the current state of all rights protection mechanisms implemented for both existing and new gTLDs, including but not limited to, the UDRP and URS, should be delivered to the GNSO Council by no later than eighteen (18) months following the delegation of the first new gTLD.

Preliminary Issue Report

Submitted on: 9 October 2015

Final Issue Report

Submitted on: 11 January 2016

GNSO Council Initiating PDP

Submitted on: 18 February 2016

 

Working Group Charter

Adopted on: 15 March 2016

http://gnso.icann.org/en/drafts/rpm-charter-15mar16-en.pdf

 

Working Group Initial Report

Submitted on: TBD

 

Working Group Proposed Final Report

Submitted on: TBD

 

Working Group Final Report

Submitted on: TBD

 

GNSO Adoption of the Final Report

Adopted on: TBD

 

Public Comment Prior to ICANN Board Consideration

Submitted on: TBD

 

ICANN Board Resolution Text

Adopted on: TBD

 

Implementation Details

  • TBD

Additional Information

None