RE: [ga] FTAA treaty to mandate use of ICANN UDRP]

["Roberto Gaetano" <ga_list@hotmail.com>]

Peter de Blanc wrote:

>
>We have, and will have in the future, a number of LDRP (Local Dispute
>Resolution) workshops, including one hosted by WIPO in Geneva. At the
>WIPO workshop, WIPO presented their idea of a 'model' LDRP, in hopes
>that ccTLDs would use it, or some of it, as a guideline for their own
>policy.
>
>Many ccTLDs, due to local government laws and policies, would need a
>policy suited to their own specific country.
>
>Even WIPO understands this.
>
>Finally, I do not see how an unbrella organization could mandate a
>single policy that would apply to so many soverign governments.


I guess that we have to make the distinction between gTLDs and ccTLDs.
While to have a set of common rules would be a good thing, my opinion is 
that for ccTLDs the governing country is the ultimate authority, while some 
global authority (WIPO?) is needed for gTLDs.

This said, in the text below it seems to me that the reference to the 
national law (I assume of the country of the ccTLD) is the ultimate 
authority, but IANAL, so I may well be wrong.

Regards
Roberto

>Article XX. [Cancellation and transfer of domain name
>
>In the event that a well known distinctive sign has been inappropriately
>registered in the country of the Party, as part of a domain name or
>electronic mail address of an unauthorized third party, on request by
>the owner or legitimate rightholder of that sign, the competent
>authority shall consider the matter and, where appropriate, shall order
>cancellation or amendment of the registration of such domain name or
>electronic mail address, in accordance with the respective national law,
>provided that use thereof would be liable to have one of the following
>effects:



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