Home/red-rock-eater/[RRE]World Intellectual Property Organization on domain names

[RRE]World Intellectual Property Organization on domain nameswriting

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1999-03-12 · 2 min read · Edit on Pyrite

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[RRE]World Intellectual Property Organization on domain names

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Date: Fri, 19 Feb 1999 15:06:51 -0500 (EST) From: Michael Froomkin - U.Miami School of Law Subject: A Critique of WIPO's RFC 3

I have prepared a "A Critique of WIPO's RFC 3" which is available from http://www.law.miami.edu/~amf .

I argue that WIPO's RFC 3, which contains extensive proposals for the prevention and resolution of disputes regarding domain name registrations in .com, .org and .net, is seriously flawed in its current form. Although I am a member of the Panel of Experts that WIPO has established to advise it in this process, this document represents my personal views only, and the opinions expressed in it should not be attributed to WIPO or to any other member of the Experts Group.

I'd like to suggest that people interested in the future of the Internet take a look at RFC 3, and also my comments. I would urge interested parties to make comments to WIPO before the deadline.

Here's some relevant background information:

The World Intellectual Property Organization is currently preparing recommendations that will go to ICANN regarding the harmonization of the Domain Name System (DNS) with the needs and desires of trademark-owners, and the holders of other intellectual property rights. The report is accessible from WIPO's RFC 3 web page, http://wipo2.wipo.int/process/eng/rfc_3.html.

Among the proposals contained in WIPO's Interim Report, RFC 3 are extensive mandatory alternate dispute procedures for all registrants in .com, .org, .net and any new open gTLD that could be invoked by any third party who felt that his intellectual property rights (a term that includes but is not limited to trademarks) were infringed in by the registration or use of the domain name. The document also sets out extensive procedures for the protection of famous and well-known trademarks.

WIPO has requested that public comment on this report be submitted by March 12, 1999. Comments can be submitted by email to process@wipo2.wipo.int or via a web-form accessible from http://wipo2.wipo.int/process/eng/rfc_3.html

[Please feel free to repost as appropriate until March 12, 1999.]

A. Michael Froomkin | Professor of Law | amf@law.miami.edu U. Miami School of Law, P.O. Box 248087, Coral Gables, FL 33124 USA +1 (305) 284-4285 | +1 (305) 284-6506 (fax) | http://www.law.tm --> It's warm here. <-- ```

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