browse comments: WIPO RFC-2

WIPO RFC-2
iad@email.jpo-miti.go.jp
Fri, 6 Nov 1998 07:10:40 -0500

Browse by: [ date ][ subject ][ author ]
Next message: International Intellectual Property Alliance: "WIPO RFC-2"
Previous message: mheltzer@inta.org: "WIPO RFC-2"

JPO's Comments on WIPO/RFC-2

As regards the Request for Comments on Issued Addressed in the WIPO Internet Domain Name Process (WIPO RFC-2), I would hereby like to submit the following comments. I hope you would find our comments helpful.

Please be noted, however, we are submitting these comments based on the discussion by a working group of the Japanese Patent Office (JPO) and, therefore, they are not an official comment by the Japanese government.

Joji Hashimoto
Director-General
First Examination Department
Japanese Patent Office

1. Exclusion of the domain names that conflict with well-known trademarks

To prevent any well-known trademark from being registered as a domain name by another person, we propose the following.
a) The trademark authority of each country will make a list of well-known trademarks to be protected within the country.
b) The trademark authority of each country will submit the above list to WIPO and the domain name registration organization.
c) The domain name registration organization will pay respect to the list submitted by each country. Based on the list, the domain name registration organization will suspend any domain name application filed by another person for any domain name that is identical with a well-known trademark included in the list.

The Japanese Patent Office (JPO) has been publishing a list of well-known trademarks to the Japanese and overseas citizens through the Internet (JPO's homepage) since October 30, 1998.

2. Coordination of the conflict between ordinary trademarks and domain names

We also propose that the domain name registration organization build up a scheme, under the following procedure, to coordinate the conflict between trademark rights and domain name registrations.

a) Early publication of domain name information

The domain name registration organization will promptly make open the registered domain names to the world through the Internet soon after the registration.

b) The domain name registration organization will accept, after registration, oppositions against the domain name registration filed by the third parties, in the light of users' demand for a prompt use of the domain name on the Internet and expedited domain name registration procedure.

c) Handling of oppositions

(i) Upon the receipt of an opposition by the trademark holder, the domain name registration organization will examine into whether the domain name deserves registration.
(ii) If the dispute should not be settled through the procedure mentioned in the above (i), the trademark holder will be allowed to leave the settlement of the dispute to the ADR by filing an appeal.
(iii) The ADR will notify of its judgment on the dispute to the domain name registration organization.

d) Opinion of the trademark authority of each country

If necessary, the ADR will be allowed to ask the opinion of the trademark authority in the country of the right holder. The trademark authority in the country of the right holder can also submit its opinion to the ADR.

e) Preliminary attainment of the consent of the domain name applicant

The domain name registration organization should attain the consent of the domain name applicant with regard to the above procedures at the time of receiving.

3. Others

Any concrete idea is not included in the RFC-2. Therefore, we would like to present a more detailed opinion after looking into the RFC-3.

The following are our brief comments with regard to the renewal of a domain name and the ccTLD.

(1) Renewal of a domain name

In abolishing the warehousing of domain names, a domain name should be regularly renewed---e.g. once a year. Then, the confirmation of the use of the domain name on the Internet and the collection of relevant fees should be carried out.

(2) ccTLD

Matters relating to the registration procedure of domain names should be harmonized on an international scale. We should avoid establishing excessively lax filing requirements that would create a so-called "Cybersquatter Heaven."

[End of document]

 -- Posted automatically from Process Web site