[ga-udrp] BACKGROUND DOCUMENTS

[DannyYounger@cs.com]

"International Dispute Settlement at the Trademark-Domain Name Interface"
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=265922

Excerpt:

"In short, the UDRP curtails the mechanisms used in international 
adjudication and international arbitration to control the power of dispute 
settlement decisionmakers not only at the creation stage (through 
consensually-negotiated checking mechanisms) but at the enforcement stage as 
well.  This result should concern not only domain name owners but national 
governments as well.  It is precisely because the online domain name system 
affects the scope of domestic IP rights off-line that territorially-based 
governments do have some legitimate claim to regulate in cyberspace.  This is 
particularly so if private rulemakers such as ICANN give short shrift to the 
primary beneficiaries of national IP systems -- namely the public."
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