Fees for 3 panel WIPO Going up

[jberryhill]

"If the Complainant waits till the 7th day to file, the Respondent is shut out from responding to the Supplemental Materials because the 7 days has run."

NAF amends their rules more frequently than WIPO, and the Respondent now has more time to file a supplemental response (and for free).

One of the interesting strategic aspects of the former rule was that, while it seemed as if it was designed solely for complainants, it said that "any party" could file material within seven days after the response. There were situations in which it was advantageous to "let the other shoe drop" a few days after filing the main response, so that the complainant would be caught in the same bind of being unable to respond to additional evidence and allegations.

As rightly pointed out by Mr. Jones, though, a panel can decide not to look at any supplemental material, and this is happening with increasing frequency.

 

[HOWARD]

You are partially correct. A review of NAF's Supplemental Rules shows that originally only the Complainant could file supplemental materials within 5 days of the Response. They keep changing the Rules, however. Since February of this year, each party can submit supplemental materials within 5 days of the other. Apparently they realized how they were screwing the Respondent and changed the Rules.

 

[pljones]

I think the change was made to be fair to both parties, not to screw one side or the other. NAF has made efforts to improve the fairness in the process for both sides, and to consider them biased from the outset is being narrow-minded.

I've assisted respondents and complainants, and the NAF seems to be responsive when questions arise.