Over the last week, I have talked about the .cm extension on several occasion (here, here, and here) and in the comments to the post it appears there is a lot of confusion in the domainer community as to ICANN’s role in ccTLD’s
The short answer is, they don’t have much.
ICANN territory is Top Level Domains, the 21 existing TLD’s and the new proposed g’TLD’s
“””There are over 250 ccTLDs, some of which have a contract with ICANN; others of which have signed working agreements with ICANN; and some of which have yet to enter any formal agreement with ICANN. ICANN however does carry out what is known as the “IANA function” in which every ccTLD’s main address is listed so the rest of the Internet can find it”.
Translation: ICANN makes sure that all the ccTLD’s work, in the root system. Beyond some fundamental rules that pertaining to technical issues, ICANN’s ability to regulate a ccTLD registry is very limited to the agreement they executed with the registry, and in many cases there is no such agreement.
If you want to see an agreement between ICANN and a ccTLD registry you can check out the one for .jp (japan). You will notice dispute resolutions issues are not discuss nor other than technical issues ICANN places no restrictions on the registry.
Simply puy, Local law controls. Not the law of the US and not the rules of ICANN.
The next question that a lot of domainers seem to have, as I saw raised in comments to thedomains.com this week was the effect of UDRP on ccTLD’s
Here the quick answer:
Basically VERY little.
While some ccTLD’s have adopted WIPO rules for setting trademark disputes many have not fully adopted it and many have not adopted it at all.
The .CM registry has NOT adopted WIPO standards in whole or in part, as they are not on the list, so there will NOT be any UDRP for .CM domains.
That is not to say that lawsuits cannot be brought against registrants, registrars or the registry, but UDRP’s and WIPO rules are not recognized by that country, at this point.
Bottom line there are VERY few UDRP cases involving a ccTLD ever brought or decided.
To save you the look, there are only 30 ccTLD’c that have ever had a UDRP decision and most involved .me and .tv.
All of the UDRP decisions, since the start of time, brought on a ccTLD’s, fit on one page.
Now please don’t understand.
I’m not a ccTLD hater.
I’m just clarifying some questions many of you seem to have and want to let you know that the rules are different for ccTLD’s than for the 21 TLD’s in existence and the proposed new gTLD’s.