Re: [ga] Re: Weikers position on UDRP
At 18:57 01/09/2000 +0100, Louise Ferguson wrote:
>Surely setting a higher filing fee would act as a deterrent: $1500
>(depending or arbitrator) seems a low price for putting someone's business
>in jeopardy. This would also
>provide the panellist with realistic recompense for deciding what are often
>complex cases with >100 documents filed as evidence, sometimes in several
>$4-5,000 (split arbitrator/panelists) seems a more reasonable fee to me, and
>is still a lot less than a lawsuit.
One reason for the UDRP going for low fees was to make the process
available also to small companies who were victims of abusive domain name
The UDRP discussions at WIPO focused a lot on getting the simple cases out
of the way fast; the complex cases where > 10 documents were filed as
evidence were intended to be moved to the normal legal system.
I think one of the failures of the UDRP is that the panelists have handed
out decisions where they should have been saying "this is too complex to
decide under the UDRP".
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