PDP Review of All Rights Protection Mechanisms in All gTLDs
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
Web Presence
Responsible Staff Members
- Mary Wong
- Julie Hedlund
- Ariel Liang
Working Group Members & Leadership and GNSO Liaison
- See wiki membership page
For the latest information and status on this project:
- See project list
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