browse comments: WIPO RFC-3

WIPO RFC-3
dancohen@clearthink.com
Tue, 13 Apr 1999 13:29:01 -0400

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I will try to be brief.

After reading the RFCs, documents on international IP law, messages from ICANN, the GLTD-MoU and other background documents, I propose the following solution to the PCT problems caused by the Internet domain system.

Patent, copyright and trademark issues are well handled within national boundaries. Each member state has laws and controls in place so that mark holders are protected and compensated. If a mark holder wishes to sell a physical product in another nation, he must reister the mark in that nation to protect himself. In the case of domain names, the complexity arises out of the fact that the top-level domains are "no place", and the propagation of PCTs within those names causes disputes over fair use.

PCT arbitration over mark usage in country-code TLDs should occur within the nation managing the TLD. If all domains were country specific, it would move the issue where it belongs; into the country of origin.

I propose a three-phase solution; each member state is given the authority and responsibility of PCT law for its own TLD (already the case). All domains registered in GTLDs have 365 days to move their domain into their national TLD. New registrations in TLDs will be halted. The ability to create new generic domain structures can also be given to the member state.

The TLDs will be moved to WIPO servers that have one task; to redirect the request of the client browser. When a browser requests a page from www.mcdonalds.com, the WIPO server will respond with a generic page suggesting the portal site of McDonalds or the nearest nation to the browser, and suggest that all documents and bookmarks get updated. After three years of this service, the WIPO servers shut down.

Global business clients must then return to registering their marks on each country where they do business; both in the patent and trademark offices, and with the PTT or other authority for domains. Upon reflection, this is the way most global business is conducted for other matters.

For additional information please contact Dan Cohen at dancohen@clearthink.com. Thank you.

Dan Cohen
Clear Thinking Technology
+1 (514) 734 0034
dancohen@clearthink.com

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