browse comments: WIPO RFC-1

WIPO RFC-1
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Fri, 21 Aug 1998 12:10:18 -0400

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LANAHAN & REILLEY LLP

MEMORANDUM

TO: WIPO

FROM: Robert C. O'Brien
Paul R. Keating

DATE: 14 August 1998

RE: WIPO RFC 1
___________________________________________________________________

We have reviewed RFC 1 and have the following comments regarding the scope
of the terms of reference.

First, under the heading "Dispute Resolution", the Panel of Experts might
consider whether a legal ombudsman's office should be created within WIPO
or the new Internet Organization. Among the purposes of the office would
be to provide interested parties with information regarding the domain =
name
dispute resolution process, assistance with the on-line procedures and,
possibly, provide referrals to counsel in their jurisdiction who could
assist them with domain name dispute issues. Such an office would be
especially useful to smaller trademark holders and domain name registrants,=

who do not have ready access to legal counsel with intellectual property
expertise.

Second, also under the heading "Dispute Resolution", the Panel of Experts
might consider whether WIPO or the new Internet Organization should create
an on-line database containing court decisions regarding Internet domain
name and trademark disputes. A substantial body of law in this area has
been created worldwide by U.S., U.K. and German courts among other
jurisdictions. Often it is difficult for trademark holders and counsel to
obtain decisions and opinions from foreign jurisdictions in a timely
manner, if at all. It would be useful to participates in the RFC process
to have access to such decisions as they debate various proposals for a =
new
international Internet governance regime. Furthermore, once the dispute
resolution process is implemented, an up-to-date international database
would be a valuable resource for the arbitrators and mediators as well as
counsel for the parties in an ADR proceeding.

Robert C. O'Brien
Lanahan & Reilley LLP
One Wilshire Boulevard, Suite 2100
Los Angeles, CA 90017
(1 213) 236 9600 (Tel)
(1 213) 236 9603 (Fax)
robrien@lanahan.com
lanahanla@earthlink.net

Paul R. Keating
Lanahan & Reilley LLP
500 Sansome Street, Suite 301
San Francisco, CA 94111
(1 415) 421 1100 (Tel)
(1 415) 421 1103 (Fax)
prkeating@lanahan.com

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