Proposed Implementation of GNSO PDP Recommendations on Locking of a Domain Name Subject to UDRP Proceedings - Revised UDRP Rules
19 May 2014 23:59 UTC
18 June 2014 23:59 UTC
Staff Report Due
9 July 2014 23:59 UTC
Obtain community input on the proposed implementation of the Generic Names Supporting Organization (GNSO) Policy Development Process (PDP) recommendations on the Locking of a Domain Name subject to Uniform Domain-Name Dispute-Resolution Policy (UDRP)s.
Section I: Description and Explanation
The Generic Names Supporting Organization (GNSO) unanimously approved at its meeting on 1 August 2013 the recommendations of the Locking of a Domain Name subject to UDRP Proceedings PDP Working Group. The 17 recommendations, which were adopted by the ICANN Board 28 September 2013, are intended to clarify and standardize the process for locking of a domain name subject to UDRP Proceedings, including:
- Definition of 'locking'
- Requiring registrar to apply lock within 2 business days following request for verification
- Removing obligation for complainant to notify the respondent at the time of filing, but add automatic extension of 4 days to response time upon request
- Step by step clarification of requirements of different parties involved
- Development of educational and informational materials to assist in informing affected parties of new requirements and recommended best practices
For the full details of these recommendations, you are encouraged to review section 7 of the Final Report [PDF, 1 MB] as well as the Board resolution adopting these recommendations (see http://www.icann.org/en/groups/board/documents/resolutions-28sep13-en.htm#1.c).
In consultation with the GNSO Implementation Review Team, which was formed as directed by the GNSO Council to work with ICANN Staff to ensure that the resultant implementation fulfills the intentions of the approved policy recommendations, ICANN Staff reviewed the UDRP Rules and has proposed revisions as outlined in this redline version [PDF, 202 KB] to implement the GNSO PDP Recommendations which include amongst others:
- Addition of the definition of "Lock" and pendency;
- Deletion of the requirement for the complainant to notify the respondent;
- Updates to the section concerning the notification of complaint to reflect amongst others the requirement for the registrar to lock the domain name registration within 2 business days following a request for verification from the UDRP Provider;
- Updates to the section concerning response to add, amongst others, the automatic extension of 4 days to response time upon request by the respondent;
- Updates to the section concerning settlement or other grounds for termination to add the steps of a settlement process.
ICANN Staff and the GNSO Implementation Review Team are now looking for input on the proposed revisions to the UDRP rules, which aim to satisfy the intent of the GNSO Policy Recommendations. Furthermore, any feedback on the expected time needed for affected parties to implement the revised UDRP rules before coming into effect, would be appreciated. The current plan is to announce implementation in November or December with a six-month implementation deadline.
Section II: Background
Currently there is no requirement to lock names in period between filing complaint and commencement of proceedings and no definition of 'status quo', which has resulted in different interpretations and confusion of the UDRP. To address this issue, the GNSO Council decided to initiate a Policy Development Process on 15 December 2011. As part of its deliberations, the WG was required to consider the following questions:
1. Whether the creation of an outline of a proposed procedure, which a complainant must follow in order for a registrar to place a domain name on registrar lock, would be desirable.
2. Whether the creation of an outline of the steps of the process that a registrar can reasonably expect to take place during a UDRP dispute would be desirable.
3. Whether the time frame by which a registrar must lock a domain after a UDRP has been filed should be standardized.
4a. Whether what constitutes a "locked" domain name should be defined.
4b. Whether, once a domain name is 'locked' pursuant to a UDRP proceeding, the registrant information for that domain name may be changed or modified.
5. Whether additional safeguards should be created for the protection of registrants in cases where the domain name is locked subject to a UDRP proceeding.
The Working Group published its Initial Report for public comment on 15 March 2013 (see http://www.icann.org/en/news/public-comment/locking-domain-name-15mar13-en.htm), followed by its Final Report (see Locking of a Domain Name Subject to UDRP Proceedings PDP Final Report [PDF, 1 MB]) on 5 July 2013. The GNSO unanimously approved the recommendations at its meeting on 1 August 2013 followed by the ICANN Board on 28 September 2013.
Section III: Relevant Resources
Section IV: Additional Information
Report of Public Comments