Re: [discuss] Notes - Names Council Meeting, San Jose - 062599

["Michael Froomkin - U.Miami School of Law" <froomkin@law.miami.edu>]

Alas, in practice, the WIPO process would often supplant the law.
I explain this in detail in my WIPO reports at
http://www.law.miami.edu/~amf  .They say they won't, they may mean not to,
but the fact remains that a party who doesn't initiate a suit before the
ADR is over will in many cases  have no recourse to the courts (no cause
of action).

I've been saying this for months, in detail, and am still awaiting a
rebuttal to this claim from any party to ths debate.  

On Mon, 28 Jun 1999, Kent Crispin wrote:

> On Mon, Jun 28, 1999 at 02:45:51PM -0700, Cthulhu's Little Helper wrote:
> [...]
> > 
> > If the registrar operates under one country's laws, particularly if that
> > registrar is in cooperation with that local government, there's nothing
> > really stopping said registrar or government from saying, "Your rules 
> > do not apply in our country.  We will abide by our own laws in this
> > matter."
> 
> And indeed, that is precisely what is contemplated in the WIPO 
> recommendations.  They *never* take precedence over law.
> 
> 

-- 
A. Michael Froomkin   |    Professor of Law    |   froomkin@law.tm
U. Miami School of Law, P.O. Box 248087, Coral Gables, FL 33124 USA
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