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EPDP for Specific Curative Rights Protections for IGOs (view source)
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==Final Report & Recommendations==
==Final Report & Recommendations==
The team submitted its final report to the GNSO Council on April 4, 2022.<ref name="finalrep">[https://gnso.icann.org/en/group-activities/active/specific-crp-igo-epdp Final Report, EPDP on Specific Curative Rights Protections for IGOs], April 4, 2022 (PDF)</ref><ref name="dashboard">[https://gnso.icann.org/en/group-activities/active/specific-crp-igo-epdp GNSO Workspace - EPDP for Specific Curative Right Protections for IGOs]</ref> The report made several recommendations to improve an IGO's ability to protect its name and related trademarks.
The team submitted its final report to the GNSO Council on April 4, 2022.<ref name="finalrep">[https://gnso.icann.org/en/group-activities/active/specific-crp-igo-epdp Final Report, EPDP on Specific Curative Rights Protections for IGOs], April 4, 2022 (PDF)</ref><ref name="dashboard">[https://gnso.icann.org/en/group-activities/active/specific-crp-igo-epdp GNSO Workspace - EPDP for Specific Curative Right Protections for IGOs]</ref> The report made several recommendations to improve an IGO's ability to protect its name and related trademarks.
# Clarify the UDRP and URS procedures to better define "IGO Complainants" and the eligibility requirements for such complainants to move forward with a complaint under those mechanisms.
# Remove the requirement that an IGO complainant submit to the jurisdiction of relevant courts; institute a notice procedure for respondents, explaining that a court may decline to hear an appeal of a UDRP or URS decision on grounds of the IGO Complainant's immunity from prosecution; offer binding arbitration as a separate means of appeal.
# Institute rules and procedures for arbitral review of UDRP decisions in cases involving IGO Complainants.
# Institute rules and procedures for arbitral review of URS decisions in cases involving IGO Complainants.
# Choice of law to be mutually agreed upon or, in the absence of agreement, may be either the registrar or registrant's principal address as listed in the relevant WHOIS database; as a last resort, an arbitration panel may determine what law to apply.<ref name="finalrep" />
The recommendations were designed to address the "review gap" in UDRP and URS procedures that initiated the EPDP in the manner prescribed by the charter document.<ref name="finalrep" /> The team noted the concerns expressed during the public comment period:
<blockquote>The Public Comments demonstrated strong concerns, particularly amongst individual commentators, regarding the EPDP team’s proposal to exempt IGO Complainants from the requirement to agree to submit to a Mutual Jurisdiction, to the extent that it would result in limitations on the registrant’s ability to file court proceedings against an IGO or in compelling a registrant to go to arbitration. These commentators emphasized that the outcomes of the EPDP should not reduce or otherwise adversely affect the rights of registrants.<ref name="finalrep" /></blockquote>
The arbitration procedure was intended to provide recourse for registrants without requiring IGOs to submit to the jurisdiction of specific courts.
At [[ICANN 74]], the GNSO Council approved the final report and its recommendations.<ref>[https://74.schedule.icann.org/meetings/H2wGoiw8J8Lv7u6z8 ICANN 74 Archive - GNSO Council Meeting], June 15, 2022</ref>
==Public Comment Outcomes==
The EPDP produced the following recommendations to define “IGO Complainant,” exempt IGO Complainants from the Mutual Jurisdiction requirement, maintain a voluntary mutual arbitration option within the UDRP and URS, and clarify the law to be used in voluntary arbitration proceedings.<ref>[https://itp.cdn.icann.org/en/files/generic-names-supporting-organization-council-gnso-council/epdp-specific-crp-igo-final-report-02-04-2022-en.pdf CRP IGO Final Report, GNSO Council Files]</ref>
===Perspectives===
The EPDP recommendations received support from the [[GAC]] and several [[GNSO]] [[Stakeholder Group]]s. However, a few concerns were raised, such as the potential impact on [[registrant]] rights if IGOs are exempted from the requirement to agree to submit to Mutual Jurisdiction.<ref>[https://itp.cdn.icann.org/en/files/generic-names-supporting-organization-council-gnso-council/public-comment-summary-report-final-report-epdp-specific-curative-rights-protections-igos-01-03-2023-en.pdf Public Comment Final Report EPDP on CRP for IGOs, ICANN Files]</ref>
''Supported EPDP Recommendations''
* [[RrSG]], [[GAC]], and [[RySG]]
''Conditionally Supported with Further Review''
* [[BC]] supported Rec 1 and partially supported Recs 3 and 4; suggested further expert review and consideration during GNSO's Phase 2 PDP.
''Conditionally Supported with Additional Requirements''
* [[ICA]] recommended approval through the RPMs Phase 2 PDP or expert review; supported Rec 1 with minor changes and opposed exempting IGOs from the Mutual Jurisdiction requirement.
''Opposed EPDP Recommendations''
* [[George Kirikos]] recommended rejecting the EPDP final report entirely, because he believes it was influenced by a captured group and disregarded community input. He opposes providing IGOs with greater rights and argued for preserving registrant rights.
==References==
==References==