It is hoped that the new dispute resolution policy will offer trade mark holders an alternative to costly and lengthy court proceedings against alleged cybersquatters.
The UDRP of ICANN has been criticised for favouring trade mark holders. In August, University of Ottawa professor Michael Geist, also a member of CIRA’s board of directors, produced a report which stated that UDRP domain name disputes heard by three member panels instead of the more common single member panels tend to be less biased towards trade mark holders. Accordingly, the new CIRA dispute resolution policy will involve all disputes being heard by three member arbitration panels.
The new CIRA proposals will also allow domain names to be held in good faith in association with a non-commercial activity including criticism, review, or news reporting. Under the UDRP, a domain name may only be held if its use is non-commercial and fair, and is not intended to misleadingly divert customers or dilute any trade marks.
CIRA is accepting comments on the new proposed policy up to 5th October with a final version to be submitted by 16th October. CIRA is also accepting submissions by groups wishing to become the arbitration body for the new dispute resolution policy. For more information, visit www.cira.ca.