Re: [NCUC-DISCUSS] UDRP: cultural imperialism

[Jisuk Woo]

The most intriguing aspect of this case is that the WIPO staff assigned a panelist who does not seem to be able to use Korean language in the first place. Usually in a case like this, since the respondent has a right to use the language he used upon registering the domain name, the service provider is practically bound to appoint a panelist who can speak that particular language. And that was the reason why WIPO appointed several additional Korean nationals as panelists recently. So, it seems to me (although I am not familiar with this particular case at all), this case illustrates the bias or prejudice that UDRP service providers often exercise in appointing panelists, which influences the outcome of the UDRP cases in favor of complainants. Professor Geist (which Milton has already introduced in his previous mail) has pointed out in his article that service providers tend to assign more cases to the panlests who are more likley to decide for the transfer of domain names. So, as Marc and others have constantly argued, we really should make an issue out of theses problems regarding UDRP. Look forward to meeting you all in Rome soon.

Best regards, Jisuk

  



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> 받는사람 : NCUC-DISCUSS at listserv.syr.edu
> 참조 : 
> 보낸날짜: 2004/02/20 07:46
> 제목: [NCUC-DISCUSS] UDRP: cultural imperialism
> 보낸사람 : Marc Schneiders <marc at SCHNEIDERS.ORG>
> 
> > Am I very biased as a non-native speaker of English? The UDRP case
> below was conducted in English even if the rules said it should/could
> be in Korean and the respondent demanded that. Reason: Respondent had
> replied in English, so has enough English. So never do that?
> 
> http://arbiter.wipo.int/domains/decisions/html/2003/d2003-0989.html
> 
> It is a most curious case in other respects as well. Complainants do
> not seem to have to prove anything anymore. Mere assertions suffice.
> Well.
> 
>

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우지숙 (Woo, Jisuk)

서울대학교 행정대학원

Assistant Professor

Graduate School of Public Administration

Seoul National University

tel: 82-2-880-5633 (tel)

fax: 82-2-6248-0951(fax)

email: jisuk at snu.ac.kr

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