Re: [ga] FTAA treaty to mandate use of ICANN UDRP]

["L Gallegos" <jandl@jandl.com>]

Well, if that doesn't scare domain name holders, I don't know what 
would.  I can't think of a better way to give the internet to the 
corporations and kill the purpose of the DNS altogether.  One more 
coummunications medium down the tubes for the public, a free 
market and free speech.  What's next?

On 3 Jul 2001, at 15:04, James Love wrote:

> 
> -------- Original Message --------
> Subject: [Ecommerce] FTAA proposals on domain names
> Date: Tue, 3 Jul 2001 14:57:26 -0400 (EDT)
> From: Robert Weissman <rob@essential.org>
> To: <ecommerce@essential.org>
> 
> The intellectual property section of the Free Trade Area of the
> Americas (FTAA) contains proposals that would obligate countries by
> law to rely on ICANN for domain name dispute resolution. The just
> released text of the FTAA is available at:
> 
> http://www.ftaa-alca.org/ftaadraft/eng/draft_e.doc
> 
> The relevant text follows below, from the trademark section. This is
> all still subject to negotiation.
> 
> Article XX. [Domain names on the Internet
> 
> 1. Parties shall participate in the Government Advisory Committee
> (GAC) of the Internet Corporation for Assigned Names and Numbers
> (ICANN) to promote appropriate country code Top Level Domain (ccTLD)
> administration and delegation practices and appropriate contractual
> relationships for the administration of the ccTLDs in the Hemisphere.
> 
> 2. Parties shall have their domestic Network Information Centers
> (NICs) participate in the ICANN Uniform Dispute Resolution Procedure
> (UDRP) to address the problem of cyber-piracy of trademarks.]
> 
> Article XX. [Cancellation and transfer of domain name
> 
> In the event that a well known distinctive sign has been
> inappropriately registered in the country of the Party, as part of a
> domain name or electronic mail address of an unauthorized third party,
> on request by the owner or legitimate rightholder of that sign, the
> competent authority shall consider the matter and, where appropriate,
> shall order cancellation or amendment of the registration of such
> domain name or electronic mail address, in accordance with the
> respective national law, provided that use thereof would be liable to
> have one of the following effects:
> 
> 1. Risk confusion or association with the owner or legitimate
> rightholder of the sign, or with his or her establishments,
> activities, products or services;
> 
> 2. Cause unfair economic or commercial injury to the owner or lawful
> rightholder of the sign, arising from a dilution of its distinctive
> force or commercial or publicity value;
> 
> 3. Make unfair use of the prestige of the sign, or of the good name of
> its owner or lawful rightholder.
> 
> The action of cancellation or amendment shall prescribe, for a period
> of five (5) years from the date on which the disputed domain name or
> electronic mail address was registered, or from the date on which
> electronic media, whichever period expires later, except where the
> registration was made in bad faith, in which case the action shall not
> be prescribed. This action shall not affect any other action that
> might be available with respect to injuries and damages under common
> law.]
> 
> 
> -- 
> Robert Weissman	 <rob@essential.org>
> Essential Information P.O. Box 19405, Washington, DC 20036, USA
> Tel: 1-202-387-8030
> Fax: 1-202-234-5176
> www.essential.org
> 
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