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

["Peter de Blanc" <pdeblanc@usvi.net>]

A note on the ccTLD perspective:

We have, and will have in the future, a number of LDRP (Local Dispute
Resolution) workshops, including one hosted by WIPO in Geneva. At the
WIPO workshop, WIPO presented their idea of a 'model' LDRP, in hopes
that ccTLDs would use it, or some of it, as a guideline for their own
policy.

Many ccTLDs, due to local government laws and policies, would need a
policy suited to their own specific country.

Even WIPO understands this.

Finally, I do not see how an unbrella organization could mandate a
single policy that would apply to so many soverign governments.

Peter de Blanc

-----Original Message-----
From: owner-ga@dnso.org [mailto:owner-ga@dnso.org] On Behalf Of James
Love
Sent: Tuesday, July 03, 2001 6:05 PM
To: General Assembly
Subject: [ga] FTAA treaty to mandate use of ICANN UDRP]



-------- 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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