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Re: [discuss] Notes - Names Council Meeting, San Jose - 062599
Alas, in practice, the WIPO process would often supplant the law.
I explain this in detail in my WIPO reports at
http://www.law.miami.edu/~amf .They say they won't, they may mean not to,
but the fact remains that a party who doesn't initiate a suit before the
ADR is over will in many cases have no recourse to the courts (no cause
I've been saying this for months, in detail, and am still awaiting a
rebuttal to this claim from any party to ths debate.
On Mon, 28 Jun 1999, Kent Crispin wrote:
> On Mon, Jun 28, 1999 at 02:45:51PM -0700, Cthulhu's Little Helper wrote:
> > If the registrar operates under one country's laws, particularly if that
> > registrar is in cooperation with that local government, there's nothing
> > really stopping said registrar or government from saying, "Your rules
> > do not apply in our country. We will abide by our own laws in this
> > matter."
> And indeed, that is precisely what is contemplated in the WIPO
> recommendations. They *never* take precedence over law.
A. Michael Froomkin | Professor of Law | email@example.com
U. Miami School of Law, P.O. Box 248087, Coral Gables, FL 33124 USA
+1 (305) 284-4285 | +1 (305) 284-6506 (fax) | http://www.law.tm
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