Current State of UDRP (ICANN Webinar)

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ICANN organized a webinar on the Current State of UDRP on May 10, 2011.
I was the last speaker. Here are the slides I used.

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Current State of UDRP (ICANN Webinar)

  1. 1. The Academic Perspective Cédric Manara EDHEC
  2. 2. Evidence Time granted for reviewIdem est non esse et non probariUDRP is designed for quick decisions• 5,000 words limit• 14 days to decide• OnlineSpeed does not (always) allow an efficientreview of documentary evidence• Lack of time• Number of documentsICANN Webinar on the Current State of UDRP – May 10, 2011 – Cedric Manara’s modest contribution 35
  3. 3. Evidence Increasingly distorted view?“The Panel shall determine the admissibility,relevance, materiality and weight of theevidence” [Rules, 10.d]Rules written in 1999, when there were nopersonalized web pagesWeb content now increasingly depends onuser location• Search tool results• Parking pages, etc.Suggestion: Education of panelists?ICANN Webinar on the Current State of UDRP – May 10, 2011 – Cedric Manara’s modest contribution 36
  4. 4. EvidencePossible forgery of documentsParallel trends:• Electronic proceedings• Photoshop banalizationComplainant/Respondent (only)• “certifies that the information contained in the Complaint/Response is to the best of Complainant’s/Respondent’s knowledge complete and accurate” [3.b(xiv) / 5.b(vii)]• No sanctionSuggestion: Post evidence online• More accountability of Parties/Counsels• Enable crowdsourcing controlICANN Webinar on the Current State of UDRP – May 10, 2011 – Cedric Manara’s modest contribution 37

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