PDP Review of All Rights Protection Mechanisms in All gTLDs

Last Updated: 02 December 2020

Please note that the documents linked below related to the PDP are provided for informational purposes. Some documents are produced by the GNSO and others are not. To learn about the materials on the Active Project pages, please see this overview.

Background

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, which has been an ICANN Consensus Policy since 1999. 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).

The UDRP has never undergone any substantial review. The 2012 New gTLD Program RPMs are mechanisms that have now been in use for several years. Community feedback on the RPMs developed for the 2012 New gTLD Program indicated a need to review their application and scope, especially if there is to be further expansion of the gTLD space.

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.

The GNSO Council followed this recommended course of action and staff published a new Preliminary Issue Report in September 2015 covering the then current state of all rights protection mechanisms implemented for both existing and new gTLDs. The Final Issue Report that led to this current PDP was published in January 2016 and outlined the two-phased approach that was eventually adopted by the GNSO Council. Phase 1 covers all the RPMs applicable to gTLDs launched under the 2012 New gTLD Program. Phase 2 focuses on reviewing the UDRP.

By the conclusion of both phases of this PDP, the working group is expected to have considered the overarching issue as to whether all the RPMs collectively fulfill the purposes for which they were created, or whether additional policy recommendations are needed. The outcome of this PDP is also intended to create a coherent and uniform mechanism for future reviews of all RPMs.

See the latest update of current PDP efforts in the GNSO Policy Briefing here.

Status

Working Group Status

 

Web Presence

Responsible Staff Members

  • Mary Wong
  • Julie Hedlund
  • Ariel Liang

Working Group Members & Leadership and GNSO Liaison

For the latest information and status on this project:

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

Input from Supporting Organizations/Advisory Committees and GNSO Stakeholder Groups/Constituencies

Working Group Initial Report

Submitted on: 18 March 2020

https://gnso.icann.org/en/issues/rpm-phase-1-initial-18mar20-en.pdf

Working Group Proposed Final Report

Submitted on: 24 November 2020

https://gnso.icann.org/en/issues/rpm-phase-1-proposed-24nov20-en.pdf

Working Group Final Report

Submitted on: 24 November 2020

https://gnso.icann.org/en/issues/rpm-phase-1-proposed-24nov20-en.pdf

GNSO Adoption of the Final Report

Adopted on: TBD

 

GNSO Council Report to the ICANN Board

Submitted on: TBD

 

Public Comment Prior to ICANN Board Consideration

Submitted on: TBD

 

Notification by the ICANN Board to the GAC to Request Input on Whether Policy Recommendations Raise Public Policy Issues

Submitted on: TBD

 

Board Paper

Adopted on: TBD

 

ICANN Board Resolution Text

Adopted on: TBD

 

Notice of Policy Actions

Adopted on: TBD

 

Implementation Details

  • TBD

Additional Information

None