If it ain’t completely broke, don’t risk breaking it.
Yesterday I wrote about how World Intellectual Property Forum and National Arbitration Forum are opposed to initiating a UDRP reform effort at WIPO.
They aren’t the only ones in this camp.
Prominent UDRP defense attorneys John Berryhill and Ari Goldberger also spoke on yesterday’s “State of the UDRP” webinar. And both of them are opposed to an overhaul of UDRP.
This is an interesting dynamic. The UDRP providers think that intellectual property interests won’t be adequately represented in a reform effort while domain attorneys probably think the opposite.
I tend to agree with Berryhill and Goldberger: UDRP will become more lopsided if a reform effort is started. Basically the IP interests would lobby the Governmental Advisory Committee, which would pressure ICANN into giving the IP interests what they want.
Indeed, I’m very afraid of UDRP reform.
Not everyone on the domain owner side is in this camp. Internet Commerce Association is pushing for reform with the backing of some of its large supporters.
Let me be clear: UDRP has many flaws and could use some reform. It’s just interesting that both sides are concerned about the outcome.
Bret Moore says
Everybody seemed to agree on some amount of procedural reform (for clarity of language, etc), though, which sounded like a good thing to me. And the idea of an “appeal” sounded interesting, also.
John Berryhill says
The full webinar is here:
Ari’s and my comments begin at around 1:19:30.
I highly recommend listening to the entire recording for those interested in the UDRP.