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

[James Love <love@cptech.org>]

What is astonishing is that a treaty involving nearly all of North and
South America would mandate that nations defer to a private organization
to determine trademark rights.  Jamie

Peter de Blanc wrote:
> 
> 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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-- 
James Love
Consumer Project on Technology
P.O. Box 19367, Washington, DC 20036
http://www.cptech.org, mailto:love@cptech.org
voice: 1.202.387.8030 fax 1.202.234.5176 mobile 1.202.361.3040
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