Public Comment

Public Comment is a vital part of our multistakeholder model. It provides a mechanism for stakeholders to have their opinions and recommendations formally and publicly documented. It is an opportunity for the ICANN community to effect change and improve policies and operations.

Name: Massimo Vittori
Date:19 Apr 2022
Affiliation: oriGIn
Summary of Attachment

Summary of Submission

While the UDRP has proved to be an effective administrative procedure for trademark holders to fight bad faith registrations, it is unfair as a curative mechanism because the rights and interests of holders of another relevant category of Intellectual Property Rights (IPRs) which can be abused in the domain name environment – Geographical Indications – are ignored. 

GIs represent an internationally accepted category of IPRs, protected via the WTO TRIPs, the WIPO Lisbon Agreement and its Geneva Act, hundreds of bilateral agreements as well as national laws. There are at least 12,000 GIs currently recognized in national jurisdictions, the large majority of which under independent systems of protection.

oriGIn believes that, to make the UDRP fully compatible with the internationally accepted IPRs system, GIs should be considered as valid prior rights to activate the UDRP procedure. To this end, we propose one single and simple amendment to the UDRP (point 4.a.i of the Policy).