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

[Jeff Williams <jwkckid1@ix.netcom.com>]

Jamie and all assembly members,

  Thank you for passing this along.

  It seems from the text that there is now a movement by which regions
of the globe may indeed have their own UDRP process or policy.  This
is what I posted a brief message about yesterday on the ga-udrp@dnso.org.
However the text and link you provided seems to indicate that these
regions should work with ICANN's version of the UDRP.  I am not
so sure that this works well within the GATT and NAFTA trade
agreements...

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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Regards,

--
Jeffrey A. Williams
Spokesman for INEGroup - (Over 118k members strong!)
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail jwkckid1@ix.netcom.com
Contact Number:  972-447-1800 x1894 or 214-244-4827
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208


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