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:
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Policy should include clear safe harbors, such as to protect free speech and fair use or other non-commercial rights of registrants
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No appeals of process in policy itself– two options appeal of decision or trial de novo
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Establish an internal appeals process to ensure implementation of fair trial requirements
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There should be an express time limitation for claims brought under the policy
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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
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No specified timeframe for implementing transfers
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Delays often experienced in implementation of decisions by Registrars
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Losing Respondent should pay filing fees and attorney’s fees
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However, I am coming to this late: submissions, if any, are supposed to be in by 31 January 2013.
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