31 March 2014

Trans Pacific Partnership agreement, Domain Name Ramifications

Excellent analysis by  Susan Chalmers of domain name ramifications in the TPP (read full article at link below, excerpt follows):

Where policy fora collide: country-code Top-Level Domains and the Trans Pacific Partnership agreement — Susan Chalmers: " . . . . Which remedies must be provided, and as an outcome of which type of process – a court case or a dispute resolution policy? Cancellation and transfer are the traditional remedies in domain name disputes. What if monetary damages or domain name seizures are argued to be the most effective remedies under the Provision? These remedies go beyond those provided in the UDRP. Would a ccTLD have to offer these remedies as part of their dispute resolution policy? What would that entail? An evidentiary procedure for determining damages, for example?... Couldn’t a simple trademark infringement action in court achieve the same result and don’t countries party to the TPP offer those causes of action in their trademark laws anyway? . . . " (read more at link above)

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