World Intellectual Property Organization

[cctlds-comments] WIPO ccTLD Best Practices

  To: cctlds.mail@wipo.int
  Subject: [cctlds-comments] WIPO ccTLD Best Practices
  From: Madhurima Panwar Mridul < mpan14@student.monash.edu.au>
  Date: Tue, 24 Apr 2001 12:20:41 +0200

 

Name: Madhurima Panwar Mridul
Organisation: Faculty of Law, Monash University, Melbourne, Australia.
Position: Student(Master of Laws with a specialisation in Internet and 
Electronic Laws)
The views expressed herebelow are my own.
1) This is with reference to `(a) Local
or foreign trademarks' under Localizing 
the procedure on page 8. While discussing the advantages/disadvantages of 
registering a domain name as a trademark locally, it has been mentioned that 
registering a domain name as a trademrk locally would subject it to attack by 
parties who have no ties whatsoever with the country in question. That may be 
so. But the fact is that a particular domain name is available on the internet 
and can be accessed by anyone anywhere at all times. Because it is being used 
locally does not `localise' it on the net. This process I believe would only 
further the cause of creating some form of uniformity and assuring legitimate 
protection of internationally known names/trademarks, and would not give a 
party undue advantage of use of an established name (maybe) just because it is 
being used locally.
2) Reference to point 4) of comments posted by Henry Olsson of the Ministry of 
Justice, Stockholm.
Sir, wouldn't you say that if the panelist were of the same nationality as that 
of the party it would be compromising the `principle of impartiality'? However 
impartial a panelist may be you will agree with me that it takes superhuman 
effort to overcome our cultural bias.They do work on us on a subconcious level. 
If a mark is well established in a local market a little enquiry would reveal 
that.Besides the decisions are based on all facts and circumstances(page6) and 
not solely on the ability of the parties to produce certain 
documents(e.g.trademark certificates)in support of their position. To maintain 
objectivity and impartiality at all times and to remove even the slightest 
possibility of compromising the two, the panelist should be of a different 
nationality unless offcourse both the parties to the dispute have the same 
nationality,as has been provided for.
Thanks.

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