UDRP task force
Marc Schneiders
marc at SCHNEIDERS.ORG
Tue Sep 23 13:25:56 CEST 2003
On Tue, 23 Sep 2003, at 12:41 [=GMT+0800], Horacio T. Cadiz wrote:
> On Mon, 22 Sep 2003, Barbara Simons wrote:
>
> > It seems to me that the primary problem is that the complainant gets to
> > select the arbitrator, if there is only one, or two out of the three
> > arbitrators, if there are three. This is a fundamental inequity.
> > Regards,
> > Barbara
>
> Because they can select the arbitrators, they select the
> arbitrators favorable to them. Big companies, as a matter of course, will
> select the WIPO panel. Because big companies are usually the
> complainants, the WIPO panel generates a lot of business and the other
> arbitrators die. Finally, only one arbitrator will be alive. Guess who
> that will be?
Though I share your feelings, I don't think WIPO is worse than NAF.
Also, and this may be more important, our 'battle' is not against
WIPO, or it making money. I am guessing the IntProp industry provides
WIPO with sufficient funds. I think we have a better chance if we
argue on the level of the rules being flawed. Not people being greedy.
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