Posts Tagged ‘policy’

auDRP review

Tuesday, January 29th, 2013

auda is conducting a review of the auDRP – the dispute resolution policy covering domain names registered in the .au domain name space.

The auDRP was derived from the UDRP, so many of the principles worked out under the latter are equally applicable under the auDRP. Two of the main differences, however, are that under the auDRP:

  • a complainant may have rights sufficient to found a complaint “in a name”, not just a trade mark; and
  • the auDRP requires a complaint to show only registration in bad faith or use in bad faith, it is not necessary to show both bad faith requirements have been satisfied.

auda published an issues paper (pdf).

There is some interesting information about how many disputes there have been and which service providers have been providing the dispute resolution services – in recent years it has been WIPO and LEADR. There is also a breakdown of fees charged by various bodies for dispute resolution under the UDRP.

One question posed is whether auda should put the fees charged for dispute resolution up. Other issues on which submissions are invited were identified by ICANN in Annex 2 to its Final Issues Report (pdf) in 2011 on the UDRP. They include:

Policy/Process Issue

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Description

Safe Harbors

Policy should include clear safe harbors, such as to protect free speech and fair use or other non-commercial rights of registrants

Appeals

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No appeals of process in policy itself– two options appeal of decision or trial de novo

Establish an internal appeals process to ensure implementation of fair trial requirements

Statute of Limitations

There should be an express time limitation for claims brought under the policy

Reverse Domain Name Hijacking/
Uniform Procedures for Transfers

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A finding of reverse domain name hijacking is rarely found, and panelists should be encouraged to make this finding when appropriate

No specified timeframe for implementing transfers

Business Constituency

Delays often experienced in implementation of decisions by Registrars

Loser Pays Nothing

Losing Respondent should pay filing fees and attorney’s fees

However, I am coming to this late: submissions, if any, are supposed to be in by 31 January 2013.

IP Professionals Forum

Thursday, February 19th, 2009

IP Austraia is seeking applications from registered patent attorneys and/or trade mark attorneys for appointment to its IP Professionals Forum.

According to the blurb, the IP Professionals Forum:

The IP Professionals Forum is the principal forum for consultation, discussion and information exchange on IP matters that relate to IP professionals.

Meetings will allow for high-level discussion on IP policy, IP management, innovation and the broader IP environment, both in Australia and abroad. Participants will also be notified of IP Australia’s initiatives and consulted on future activities.

The forum meets biannually.  The appointment will be for a term of 2 to 3 years. You have to be prepared to fund your own travel – to Canberra, Melbourne or Sydney depending on where the meeting is.

Oh yes, you will be ineligible if you are already represented by an IP professional association including IPTA, LESANZ, LCA and FICPI.  Does that leave anyone left?

More details via here.

Australian Innovation Review

Wednesday, September 10th, 2008

The Government has released the Report On The Review Of The National Innovation System. 

You can download copies of the Report, an Overview, the 3 different press releases, the Minister’s introductory remarks and the Minister’s speech from here.  I wonder if the prospects of implementation are increased or decreased by the quantity of media assistance?

As the Report points out, “we have known for several generations that innovation pre-eminently determines our prosperity.”

And yet:

as a share of Gross Domestic Product (GDP), Australian Government support for science and innovation, has fallen by nearly a quarter. Also the number of researchers per 1,000 employees has declined substantially in the last decade, and US patents granted per 1,000 population have plunged from 0.06 to 0.01 (1999–2003). And yet during this time, the public revenue was fed by a torrent of cash from the mineral boom. 

There are 201 pages, plus 7 annexes.  There are 15 pages of recommendations.

Interestingly, there is also a software analysis of the main themes identified in submissions and, very usefully, the Departmental summary of the submissions.

Comments can be submitted to the Ministry until (at least) 23 September 2008.  Well, it is almost 2 weeks!