What ICANN’s 41st Meeting At Singapore Must Also Consider

The Internet Corporation for Assigned Names and Numbers (ICANN) would hold the Second Public Meeting of the year on 20th June 2011 at Singapore. There are many crucial issues that would be discussed by ICANN in this meeting and allotting new gTLDs would be just one of them. Of course, ICANN 41 meeting is more than a gTLD meeting.

However, it is clear that not everybody agrees with the agenda and issues of this meeting. Besides, this is also not a “one for all” meeting as many more crucial issues have yet to be decided by ICANN in this meeting or subsequent meetings.

According to Praveen Dalal, Managing Partner of New Delhi based IP and ICT Law Firm Perry4Law and CEO of the exclusive Techno Legal Online Dispute Resolution Centre of India (TLODRCI), ICANN needs to consider and adopt many more crucial issues like upgradation of UDRP procedure, better and expeditious Dispute Resolution Mechanism, enhanced Cyber Security Initiatives for Domain Name and DNS, better National and International Cooperations with Governments, NGOs and Dispute Resolution Providers, considering interests of Developing Countries and NGOs, etc.

In the present meeting, ICANN would also consider other crucial issues like internationalised domain names (IDNs), inter-registrar transfers, new gTLD applicants from developing countries, etc.

These are just a few examples of dozens of topics that the ICANN Community will discuss during a week containing more than 120 panels, presentations, workshops and other sessions.

Let us see the outcome of this meeting and how the domain name framework changes with this crucial meeting.

Icann’s Generic Top Level Domain Names Dispute Resolution

The Internet Corporation for Assigned Names and Numbers (ICANN) is the authority that is administering the implementation of Internet’s domain name system. ICANN has proposed to hold its second public meeting of the year on June 20th, 2011.

ICANN could approve its proposed program to introduce an unlimited number of new generic top-level domain names (gTLD). These gTLDs are in great demand among world reputed brands and trademarks owners. The new gTLDs would allow such brand and trademark owners to register their brands and trademarks as the domain name.

Naturally, these GTLDs are in great demand and there would be attempts to squat famous brands and trademarks of others. ICANN would stringently deal with such attempts by allotting the GTLDs to only “Bonafide Applicants” after verifying their “Claims”, informs Praveen Dalal, managing partner of New Delhi based IP and ICT law firm Perry4Law and a Neutral at World Intellectual Property Organisation’s (WIPO) Arbitration Centre.

Earlier WIPO had informed that cyber squatting cases are on rise. This proves that well known brands and trademarks are at risk of being misappropriated by dubious individuals and organisations.

The present allotment of GTLD would also face similar problems if an effective “Pre Screening Procedure” along with “Reasonably High Application Fee” is not prescribed by ICANN, suggests Dalal. ICANN and WIPO would also be required to “Streamline” their Dispute Resolution Services keeping in mind the recent Technological Advances, suggests Dalal.

Let us see how ICANN, WIPO and similar organisations would deal with the issues of cyber squatting, brand violations and trademark violations in the near future.

Should Uniform Dispute Resolution Policy (UDRP) Be Changed?

Internet Corporation for Assigned Names and Numbers (ICANN) has formulated the Uniform Dispute Resolution Policy (UDRP) long before. It has stood the test of the time. However, with the passage of time, new challenges and issues have also arisen.

This has forced the GNSO Council to consider a revision of UDRP norms. The UDRP has not been reviewed by the GNSO Council since its inception. ICANN has come up with a preliminary issue report on the current state of UDRP. This report is seeking inputs from UDRP specialists and public at large for the desirability to bring necessary changes in the UDRP policy.

According to Praveen Dalal, managing partner of New Delhi based IP and ICT Law firm Perry4Law and a Panelist at WIPO Arbitration and Mediation Centre, ICANN has been taking many pro active steps for streamlining the Domain Name world. For instance, recently ICANN and INTERPOL have agreed to work in the direction of Securing Internet, informs Dalal. Now a Preliminary Issue Report on the Current State of the UDRP has been released by ICANN to gather popular opinions of Stakeholders, informs Dalal.

There is opinion for both in favour of and against such revision. WIPO’s Erik Wilbers is not in favour of bringing changes in the present UDRP scheme. In fact, WIPO has written a letter to ICANN advising it against revising the UDRP. WIPO argues that the UDRP has proven to be flexible and fair; that this is in any event the wrong time to revise it given expansion of the domain name system and introduction of new rights-protection mechanisms; that review would probably end up overburdening the UDRP; and that any review should be preceded by an analysis of cybersquatting.

As far as India is concerned, technological issues of IPRs in India are still not popular. For instance, we do not have a Dedicated Law on Domain Name Protection in India, informs Dalal. Domain Name Protection in India is needed and in order to do so we need a Dedicated Domain Name Law, suggests Dalal. It would be better if India makes its choice and opinion regarding the Report very clear opines Dalal.

While none can doubt that UDRP is far from perfect yet whether it must be amended or not have to be decided only after analysing the opinions of both sides.