- Joined
- Mar 6, 2006
- Messages
- 1,256
- Reaction score
- 8
I have noted the following clause in the WIPO response form;
VIII. Certification
(Rules, para. 5(b)(viii), Supplemental Rules, para. 12)
[9.] The Respondent agrees that, except in respect of deliberate wrongdoing, an Administrative Panel, the World Intellectual Property Organization and the Center shall not be liable for any act or omission in connection with the administrative proceeding.
Surely this kind of blackmails the Respondent into agreeing or otherwise
his response will not be heard ?. I can accept that a Complainant might
have to agree because he is a willing party, but a respondent is NOT
a willing party.
I cannot find anywhere in the UDRP that specifically states that a
domain registrant has to agree to waive all rights of recourse against
WIPO ?. Lawyers may know ?.
DG
VIII. Certification
(Rules, para. 5(b)(viii), Supplemental Rules, para. 12)
[9.] The Respondent agrees that, except in respect of deliberate wrongdoing, an Administrative Panel, the World Intellectual Property Organization and the Center shall not be liable for any act or omission in connection with the administrative proceeding.
Surely this kind of blackmails the Respondent into agreeing or otherwise
his response will not be heard ?. I can accept that a Complainant might
have to agree because he is a willing party, but a respondent is NOT
a willing party.
I cannot find anywhere in the UDRP that specifically states that a
domain registrant has to agree to waive all rights of recourse against
WIPO ?. Lawyers may know ?.
DG