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5-6 Activity Report: Domain Name Dispute Resolution Policy Task Force
As we reported in Newsletter No.15, the JPNIC JP Domain Name Working Group established the Domain Name Dispute Resolution Policy Task Force (DRP-TF) in December, 1999, and began examination of "Dispute Resolution Policy" and "Rules for Dispute Resolution Policy." In this issue, we would like to report DRP-TF activities.
ICANN Uniform Dispute Resolution Policy and its Rules
The DRP-TF's first task was to understand the contents of ICANN's "Uniform Domain Name Dispute Resolution Policy" and "Rules for Uniform Domain Name Dispute Resolution Policy." This is because we are aiming at localizing ICANN policy when creating policies and rules for JP domain names.
As soon as the TF was established, we started to work on translations of the ICANN policy and rules, always aiming at translating as accurately as possible. The translations are currently available to the public on the following URL:
Provisional translation of "Uniform Domain Name Dispute Resolution Policy":
http://www.nic.ad.jp/jp/internet/doc-j/icann/icann-udrp-policy-j.html (Japanese Only)
Provisional translation of "Rules for Uniform Domain Name Dispute Resolution Policy":
http://www.nic.ad.jp/jp/internet/doc-j/icann/icann-udrp-rules-j.html (Japanese Only)
Opinion Exchanges with the WIPO Secretariat
JPNIC held an opinion exchange meeting with members of WIPO, the World Intellectual Property Organization, inviting Mr. Uemura Vice President; Mr. Ali, Senior Counsel; and Mr. Takahashi, Counsel of the WIPO Arbitration and Mediation Center.
Mr. Ali began by giving an explanation of such WIPO's activities as domain name dispute resolution, creation of ICANN's Dispute Resolution Policy and its Rules, and dispute resolution procedures. This was followed by a question and answer session and exchanges of opinion.
WIPO offered its support to take a role as a resource center for the creation of rules and resolution procedures, and to give support to the organizations dealing with resolutions in Japan, utilizing its experiences in actual dispute resolutions. JPNIC responded by offering further information exchanges in the future as well.
Examinations of the JP Domain Name Dispute Resolution Policy and its Rules
Currently, the DRP-TF is working on examining its dispute resolution policy, and its rules for JP domain names. The five main points for creating policy and rules for JP domain names are as follows:
(1) Identification of disputes that are subject to the procedure
(2) Criteria for determining bad faith usage (abusive purposes)
(3) System for deletion, transfer, and change
(4) Coordination with the current registration rules
(5) Adjustment with substantive laws
Discussions of (1) and (2) in particular have proceeded while considering coordination with current laws. At the same time, it must also be considered which organizations should take responsibility for resolving disputes based on the upcoming "Rules for the Dispute Resolution Policy."
Also because it is considered that it is necessary for the policy to be supported by substantive laws, we would like to have discussions with related organizations regarding changes in the current laws, or creation of new laws.
Conclusions from the Task Force will be submitted to the JPNIC Steering Committee as recommendations in April, and there will be a call for public comments for a period of one to two months. Subsequently, final documents will be created and published, reflecting those comments.