NCSG input on request for special privileges for Red Cross & International Olympic Committee regarding Internet domains

Fri Oct 14 10:44:27 CEST 2011

WIPO and ICANN are two separate bodies. WIPO has always wanted to be involved in the domain name dispute process and, actually, long before the UDRP was formed and structured, WIPO had proposed another administrative policy, which WIPO was meant to be administering by itself. This proposal fell through and when the US Government approached WIPO for the UDRP, WIPO jumped on it. over the years, WIPO has sort of become the default authority over the rules and principles behind the UDRP, but this is more an issue of convention and habit rather than sustained in any official document. ICANN has with WIPO the same contractual agreements it has with NAF, the Czech Arbitration Court, and the other UDRP providers. Also, the services that WIPO provides for domain names are separate and unrelated to its work as a UN body on intellectual property issues, although WIPO tends to use the latter justification to sustain its authority over domain names and trademarks.
But, ultimately, ICANN is not bound to respect or follow WIPO’s proposals and recommendations.

KK

Dr. Konstantinos Komaitis,

Senior Lecturer,
Director of Postgraduate Instructional Courses
Director of LLM Information Technology and Telecommunications Law
University of Strathclyde,
The Law School,
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UK
tel: +44 (0)141 548 4306
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From: NCSG-Discuss [mailto:NCSG-DISCUSS at LISTSERV.SYR.EDU] On Behalf Of Victoria McEvedy
Sent: Πέμπτη, 13 Οκτωβρίου 2011 3:56 μμ
To: NCSG-DISCUSS at LISTSERV.SYR.EDU
Subject: Re: [NCSG-Discuss] NCSG input on request for special privileges for Red Cross & International Olympic Committee regarding Internet domains

I would just note that while WIPO has an arbitration centre –it is primarily responsible for certain international IP Treaties and their amendment.

It is a branch of the UN and responsible for IP Treaties and other services related thereto –including international trade mark registrations.

See http://www.wipo.int/about-wipo/en/what_is_wipo.html

The World Intellectual Property Organization (WIPO) is a specialized agency of the United Nations. It is dedicated to developing a balanced and accessible international intellectual property<http://www.wipo.int/about-ip/en/> (IP) system, which rewards creativity, stimulates innovation and contributes to economic development while safeguarding the public interest.

WIPO was established by the WIPO Convention<http://www.wipo.int/treaties/en/convention/> in 1967 with a mandate from its Member States<http://www.wipo.int/members/en/> to promote the protection of IP throughout the world through cooperation among states and in collaboration with other international organizations. Its headquarters are in Geneva, Switzerland
Best,

Victoria McEvedy
Principal
McEvedys
Solicitors and Attorneys
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From: NCSG-Discuss [mailto:NCSG-DISCUSS at LISTSERV.SYR.EDU] On Behalf Of Rafik Dammak
Sent: 13 October 2011 15:22
To: NCSG-DISCUSS at LISTSERV.SYR.EDU
Subject: Re: [NCSG-Discuss] NCSG input on request for special privileges for Red Cross & International Olympic Committee regarding Internet domains

Hi Alain

I am little bit confused by a statement that you made,

 ICANN cannot substitute for INTA, WIPO, etc... it must only respect INTA, WIPO, etc... rules and regulations.

I may  understand for WIPO (which is btw an arbitration center) and  I have some reserves about that , but I am puzzled that you imply that ICANN must respect INTA "rules and regulations",for remind INTA is an association for trademark holders and professionals, which means an interest group.

Best Regards,

Rafik

On Wed, Oct 5, 2011 at 9:02 AM, Milton L Mueller <mueller at syr.edu<mailto:mueller at syr.edu>> wrote:
> -----Original Message-----
>
> TLD .olympic, .red-cross, .ngo, .iso, .intl, .iata (variant
> .aita),  .icao (variant .oaci) and .code should be protected.
>

Protected from what?

Since when does someone own .ngo? If so, who?

Why .intl? Who has rights in that? Why?

JFC, I believe that the whole attitude here is wrong. I strongly resist the idea that we can create fiat global property rights in alphanumeric character strings just because someone on an email list thinks it's a good idea to "protect" whatever happens to be his or her pet organization. Lets try to be more systematic and think about long term consequences, clear rules, etc.

--MM

--
Alain Berranger, B.Eng, MBA
Member, Board of Directors, CECI, http://www.ceci.ca<http://www.ceci.ca/en/about-ceci/team/board-of-directors/>
Executive-in-residence, Schulich School of Business, www.schulich.yorku.ca<http://www.schulich.yorku.ca>
Trustee, GKP Foundation, www.globalknowledgepartnership.org<http://www.globalknowledgepartnership.org>
Vice Chair, NPOC, NCSG, ICANN, http://npoc.org/
O:+1 514 484 7824<tel:%2B1%20514%20484%207824>; M:+1 514 704 7824<tel:%2B1%20514%20704%207824>
Skype: alain.berranger

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