[ga] WIPO's Best Practices for ccTLDs

["Alternate Chair, GA" <patrick@corliss.net>]

Hi John

> So, if protecting public health is not a WIPO mission, then someone is
> going to have to inform WIPO.

I think we all understand the point now.  I see it as good humoured ;-)

But I would like to encourage people to use the new mailing lists.  The
mailing list relevant to WIPO and the UDRP is [ga-tm] as follows:

Trade Marks & IP:  To consider and recommend policy improvements in relation
to the use of domain names as a speech mechanism including, but not limited
to, its use for advertising, promotion, protest and criticism particularly
where such use may infringe on the rights or interests of other parties such
as trade-mark holders.

PRPOSED AGENDA

(1)    ICANN & UDRP Structure
Accountability of arbitrators etc.
Appeals & Court jurisdiction
Oversight and policing of "rules"
Blanket "no liability" for ICANN and providers

(2)    UDRP Guidelines & Rationale
Are domains property?
Famous names and hoarding
Definition of "cybersquatting"
Multiple claimants, expired domains
Relationship to "trade mark law"
Common Law Trade Mark Rights

(3)    Dispute Procedures
Dispute procedures & proofs
Time for posting complaint & response
Identical or confusingly similar
"bad faith", speculation & hoarding
Owner seasrches & pattern matching
Speech - generic and protest words.
Reverse domain name hijacking.
Review of systemic faults or failures.

(4)    WIPO-2
Possible extensions to present system.
Common words, pharmaceutical ids and geographic terms.
WIPO comment period ends 8th June 2001.

(5)    Best Practices for ccTLDs
Applicability to ccTLDs & others
Reconciling different jurisdictions
WIPO comment period ends 30th April 2001.

I'd appreciate any input members might have on these issues.

Sincerely
Alternate Chair



----- Original Message -----
From: John Berryhill Ph.D. J.D. <john@johnberryhill.com>
To: Kornellius <kornellius@bol.com.br>; Patrick Corliss
<patrick@quad.net.au>
Cc: [GA] <ga@dnso.org>; Karl Auerbach <karl@cavebear.com>; wipop2
<process2@listbox.wipo.int>
Sent: Monday, May 07, 2001 9:36 PM
Subject: Re: [process2] Re: [ga] WIPO's Best Practices for ccTLDs


>
> It is not I who is mistaken.  You'll have to take up the argument with
WIPO.
> In the Interim Report on the Second Domain Name Process WIPO proposes to
> regulate the use of International Non-Proprietary Pharmaceutical names
> expressly for the purpose of protecting "public health and safety".
>
> So, if protecting public health is not a WIPO mission, then someone is
going
> to have to inform WIPO.
>
> ----- Original Message -----
> From: "Kornellius" <kornellius@bol.com.br>
> Subject: Re: [process2] Re: [ga] WIPO's Best Practices for ccTLDs
>
>
> > Unfortunately, you are mistaken. The World INTELLECTUAL PROPERTY
> > Organization differs from the World HEALTH Organization.
> >
> >
> > -----Mensagem original-----
> > De: John Berryhill Ph.D. J.D. <john@johnberryhill.com>
> >
> >
> > >No, you are mistaken.  WIPO also has responsibility for protection of
> > public
> > >health and safety.  As noted in the report on the subject of INNs,
there
> is
> > >NO intellectual property interest at stake.  The interim report
> > specifically
> > >states that protection of INNs is within WIPO's mandate to protect
public
> > >health and safety.
> > >
> > >John
> > >
> > >From: "Kornellius" <kornellius@bol.com.br>
> > >
> > >IMHO, I understand that WIPO has a very particular role in this entire
> > >situation, which is safeguarding the interests and rights of the
> > intellectual
> > >property community.
> > >
> > >
> >
> >
> >
>
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