Comments on Terms of Reference
Ross.Wilson@ipaustralia.gov.au
Fri, 21 Aug 1998 19:28:10 +1000
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On 16 July 1998 WIPO sought comments of the proposed terms of reference
concerning some IP issues associated with the Internet domain names.
The following comments are submitted for consideration:
A. Uniform Approach to Resolving Domain Name Disputes
Dispute Prevention
In (a) consider including:
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=B7 an element requiring applicants to agree that if their certifica=
tion
is invalid or false then the domain name may be revoked or suspended
=B7 in (a) (ii) add an element certifying an intention to use the do=
main
name within a specified period.
Consider adding a (d) "The possible development of an alert system that=
would warn domain name applicants that an identical domain name is
registered in another gTLD or ccTLD".
The extent to which the rights of IP owners can be taken into account
before a domain name is registered will enhance dispute prevention. Fo=
r
example, the Registrar of .com.au undertakes an automatic check of the
Australian Trade Mark data base before registering a domain name. Can =
the
terms of reference include consideration of this principle.
Dispute Resolution
No comments.
B. Process for the Protection of Famous Marks in the Generic Top-Level=
Domains
Can consideration be given to reconcile or harmonise the two concepts o=
f
famous marks and well known marks at least for the purposes of this
exercise.
Under (e) should there be a reference to TRIPS as it broadens the meani=
ng
of well known marks to services and to goods and services which are not=
similar to those of the well known trade mark.
C. Addition of New Generic Top-Level Domains and Related Intellectual
Property Rights
No comments.
Ross Wilson
=
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