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

[James Love <love@cptech.org>]

-------- 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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