|Subject:||[cctlds-comments] WIPO ccTLD Best Practices|
|From:||Madhurima Panwar Mridul < email@example.com>|
|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.
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