Name: Matthew Coleman
Date: 24 Oct 2021
Affiliation: Organisation for Economic Co-operation and Development
Original Public Comment: Initial Report from the EPDP on Specific Curative Rights Protections for IGOs
Summary of Submission
The Organisation for Economic Co-operation and Development (OECD) fully endorses the comments made by the GAC and WIPO.
We would reiterate that international organisations (IOs) are not seeking to deprive registrants of legitimately held domain names but merely seeking protections from abuse by cybersquatters which are consistent with their unique status under international law. As WIPO demonstrates, IOs are vulnerable to cybersquatting like any other entity. Failing to provide them access to curative rights puts the public at risk and hampers their ability to carry out their critical public missions.
The OECD supports the solution entailing arbitration as either the exclusive or, if not agreed by the work track, the default mechanism for disputes with IOs with an opt out for registrants if they so wish. Arbitration should not also be available to registrants who unsuccessfully initiate court proceedings. Not only would such process be unfair, it would result in significant additional cost and time to IOs and registrants alike. Arbitration is a widely accepted method of dispute resolution and is routinely used by ICANN and registrars in their agreements. The contention that this solution would somehow deprive registrants of access to justice or due process is both baseless and highly inconsistent ICANN’s and registrars’ common practice.