>From a quick initial reading, I see two major potential problem areas:
Section 9.f:
f. The registrar would not insert or renew any SLD name in any registry for
which the registrar is accredited in a manner contrary to a list or
specification of excluded SLD names that is in effect at the time of
insertion or renewal.
Who maintains the list? What criteria determines the names to be included
therein?
Section 9.g.ix:
ix. The SLD holder shall agree that its registration of the SLD name shall
be subject to suspension, cancellation, or transfer as a result of any ICANN
procedure, or by a registrar or registry administrator procedure approved by
ICANN, (a) to correct mistakes by the registrar or registry administrator in
registering the name or (b) for the resolution of disputes concerning the
SLD name.
Clearly the hook for bringing in the WIPO dispute procedure.
Michael Sondow wrote:
>
> Guidelines for Accreditation of Internet Domain Name Registrars
> (http://www.icann.org/draftguidelines.html#IIC)
>
> "In addition, the proposed accreditation agreement includes various
> provisions relevant to, although not necessarily motivated by, trademark
> concerns, which should make it possible to implement promptly most of the
> provisions in the WIPO Interim Report, in the event those
> recommendations are adopted in the future."
>
> "ICANN's full consideration of the WIPO recommendations should await the
> final WIPO report. However, many of the WIPO recommendations
> appear to serve
> the goals of the accreditation process, particularly where the provisions
> also address functional (i.e. non-trademark) needs of the DNS. In these
> cases, provisions similar to the WIPO recommendations have been
> included in
> this proposal. These include:
>
> Prepayment of registration fee
>
> Registration for fixed periods
>
> Excluded SLD names
>
> Written registration agreement required
>
> Contact information
>
> Representation by domain name holder that
> use will not infringe third party's legal rights
>
> Domain name holder's consent to jurisdiction
>
> Suspension, cancellation, or transfer of SLD assigned by mistake or where
> there is a dispute."
>
