Re: [wg-b] WIPO Committee of Experts

[Harald Tveit Alvestrand <Harald@alvestrand.no>]

At 15:00 16.12.99 -0500, Martin B. Schwimmer wrote:
>The WIPO Committee of Experts on Well-known Marks was created in 1995,
>independent of WIPO's role in the White Paper Report.  It's most recent
>communication was in September (afaik).  Go to www.wipo.int and type in
>"Committee of Experts on Well-known Marks" and the September document
>should be the first hit.  The resolution contains criteria for determining
>fame.  The document is a proposed Joint Resolution which would constitute a
>non-binding recommendation to member states.

Thanks - I spent half an hour searching the WIPO website with no luck 
yesterday. There doesn't seem to be a webpage about the SCT itself.
Question: The document says

to be presented for adoption by
the WIPO General Assembly and
Paris Union Assembly in september 1999

Does anyone know if it was in fact adopted in September, and if not, why not?

The other interesting part of the document was Article 6 of Annex I (the 
actual resolution to be adopted):

Conflicting Domain Names

         (1)     [Conflicting Domain Names]  A domain name shall be deemed 
to be in conflict with a wellknown mark at least where that domain name, or 
an essential part thereof, constitutes a reproduction, an imitation, a 
translation, or a transliteration of the wellknown mark, and the domain 
name has been registered or used in bad faith.

         (2)     [Cancellation;  Transfer]  The owner of a wellknown mark 
shall be entitled to request, by a decision of the competent authority, 
that the registrant of the conflicting domain name cancel the registration, 
or transfer it to the owner of the well-known mark.

In other words, the WIPO SCT has considered the issue of famous mark 
infringmenet by domain names, and found that not only conflict, but also 
registration or use in bad faith is required to take action.

Seems to make sense to me, but makes it hard to argue for preemptive 
exclusions.....

BTW, the document says that 120 states were "represented" at the Comittee. 
No mention of any names.
WIPO is (AFAIK) a government-driven organization; I guess the interests 
represented in the committee are those who managed to get represented by a 
government.

                     Harald

--
Harald Tveit Alvestrand, EDB Maxware, Norway
Harald.Alvestrand@edb.maxware.no