Name: Domenico Alfieri
Date: 19 Apr 2022
Affiliation: Italian delegation
Original Public Comment: Policy Status Report: Uniform Domain Name Dispute Resolution Policy (UDRP)
Summary of Submission
From the Italian side, we have the following remarks.
In the Policy Status Report there is no mention of the protection of Geographical Indications (GIs), being GIs so far excluded from the UDRP. The Italian delegation is of the opinion that ICANN should urgently consider to revise the process of attribution of new gTLDs in line with the international accepted rules on Intellectual Property Rights (IPRs), with a view to consider GIs as prior rights deserving protection in case of irregular use on the Internet Domain Names Environment, as it is currently the case for trademarks. Moreover, the protection of GIs should finally be included in the Uniform Dispute Resolution Policy (UDRP), in order to allow a fast and cheap resolution of disputes around the attribution of top-level domain names and second level domain names considered in conflict with IPRs and GIs protection. This will encourage the activation of resolution mechanisms and will help to fight well known abuses, like cybersquatting, and to protect consumers from counterfeit products. Therefore, on single amendment to the UDRP (point 4.a.i of the Policy) is needed as follows: The domain name is identical or confusingly similar to a trademark, service mark or geographical indication in which the Complainant has rights.