[comments-wipo] Internet and Law are seperate .

From The Desk Of John Keily. keilyclan@ozemail.com.au

It is my considered position that DNSO and ICANN are overstepping the boundaries of what they should be about , if they consider implementing domain space to "famous" trademarks.Protecting trademarks is the responsibility of the legal system.Coupling the internet directly to the legal system by introducing 'protective' domain names is extending the power of the courts by default.Similarly, by default, it is limiting the operation of the internet. If an individual obtains a "famous" domain name, that is his/her good fortune.If the legal owner of the product/name requires that domain, then market forces should dictate the price, if any.However, if the individual who has obtained that "famous" domain name uses it to denigrate, destroy, deny,mislead, etc then the trademark owner of the "famous" name can seek redress in the courts.The legal and internet systems should be distinct and seperate.DNSO and ICANN should not pre-empt any legal quarralling by instituting a 'protective' domain. I submit that "famous" can not be defined in a global context, which is what the internet is. Sincerely, John Keily.