browse comments: Comments on WIPO RFC-1

Comments on WIPO RFC-1
Richard J. Sexton (richard@vrx.net)
Sat, 22 Aug 1998 23:23:27 -0400 (EDT)

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Reply: Einar Stefferud: "Re: Comments on WIPO RFC-1"

The White Paper asks the following:

The U.S. Government will seek international support to call
upon the World Intellectual Property Organization (WIPO) to initiate a
balanced and transparent process, which includes the participation of
trademark holders and members of the Internet community who are not trademark
holders, to (1) develop recommendations for a uniform approach to resolving
trademark/domain name disputes involving cyberpiracy (as opposed to conflicts
between trademark holders with legitimate competing rights), (2) recommend a
process for protecting famous trademarks in the generic top level
domains, and (3) evaluate the effects, based on studies conducted by
independent organizations, such as the National Research Council of the National
Academy of Sciences, of adding new gTLDs and related dispute resolution
procedures on trademark and intellectual property holders.

The mandate, as stated by WIPO, is:

"The objective will be to obtain consensus among all the
stakeholders of the Internet on the issues signalled in the
White Paper."

This is not consistant with what is contained in WIPO RFC-1:

A.Uniform Approach to Resolving Domain Name Disputes:
Recommendations will be formulated on methods to prevent and
to resolve Internet domain name disputes involving
intellectual property rights. In particular, this will
include recommendations on the following

Conclusion:
It seems apparant this is a broad expansion of the mandate from the
White Paper, which asked for a uniform policy on cyberpiracy, not
"all disputes involving intellectual property rights"