Re: [ICANN-EU] The real challenge for all of us as candidates

["Roberto Gaetano" <roberto_gaetano@hotmail.com>]

Marc,

>
>I don't think the UDRP is bad in itself. Nor that its mandatory character
>is bad. It would be useless without it. The way in which the UDRP is put
>into practice is where the problems arise, in my view of matters.
>
>Like so many good and necessary instruments UDRP has been turned into an
>easy way to rob legitimate owners of their property and/or platform.  The
>IP/TM lobby has succeeded in getting this done by WIPO, which they 'own'.
>Of course it is the IP/TM lobby's privilige to look after their interests
>and choose the bodies that will be most helpfull to do just that. It is my
>right to say the UDRP needs to change in the way it is applied.
>

I could not agree more.

I really believe that we need something different than "offline law" to 
handle these issues. We cannot rely to the normal courts, and the only way 
is to have a dispute resolution mechanism, binding by contract, that will 
ensure that policy is respected.

But the next step is that clear policy has *really* to be established, and 
the rulings have *really* to be conformant to the established policy. We 
cannot accept that a case will have different winners/losers depending on 
the personal opinions and interpretations of tha arbitrator.

Regards
Roberto


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