Cetrification rule in WIPO procedures

[domaingenius]

I have noted the following clause in the WIPO response form;

VIII. Certification
(Rules, para. 5(b)(viii), Supplemental Rules, para. 12)

[9.] The Respondent agrees that, except in respect of deliberate wrongdoing, an Administrative Panel, the World Intellectual Property Organization and the Center shall not be liable for any act or omission in connection with the administrative proceeding.


Surely this kind of blackmails the Respondent into agreeing or otherwise
his response will not be heard ?. I can accept that a Complainant might
have to agree because he is a willing party, but a respondent is NOT
a willing party.

I cannot find anywhere in the UDRP that specifically states that a
domain registrant has to agree to waive all rights of recourse against
WIPO ?. Lawyers may know ?.

DG

[dvdrip]

It does say:

Originally Posted by domaingenius

except in respect of deliberate wrongdoing

[domaingenius]

Originally Posted by dvdrip

It does say:

Yep but very hard to prove.

I was advised that it is up to the respondent if he accepts the
supplemental rules contained in the response form ,
and even of he doesnt his response will NOT be rejected
and considered as valid. The question therefore is, why
is it not highlighted by words "you can choose whether
or not to accept the supplemental rules and if you choose
not to accept it will nit in anyway prejudice your response" ?.

DG

"not" , not "nit". lol.