WIPO Internet Domain Name Process
Second WIPO Internet Domain Name Process: Archive
On June 28, 2000, WIPO received a letter of request from the Government of Australia and 19 of its other member Governments to initiate a Second WIPO Process to address certain intellectual property issues relating to Internet domain names, that remain to be considered after the first WIPO Internet Domain Name Process.
In response to this request, on July 10, 2000, WIPO commenced the Second WIPO Internet Domain Name Process.
In April 1999, WIPO published its Report on the First WIPO Internet Domain Name Process, focusing on the problems caused by the conflict between trademarks and domain names. The WIPO recommendations have largely been implemented by the Internet Corporation for Assigned Names and Numbers (ICANN), and have resulted in implementation of a successful administrative system for resolving domain name disputes involving trademarks and a system of best practices for domain name registration authorities, designed to avoid such conflicts.
However, a number of issues were identified in WIPOs Report that were considered outside the scope of the First WIPO Process, that require further consultation and resolution. These issues arise in the event of the bad faith, abusive, misleading or unfair use of:
- personal names
- International Nonproprietary Names (INNs) for Pharmaceutical Substances, recommended by the World Health Organization in order to protect patient safety worldwide
- names of international intergovernmental organizations (such as the United Nations)
- geographical indications, indications of source or geographical terms
- tradenames
The Second WIPO Internet Domain Name Process addressed these outstanding issues through a process of consultations - online and through in-person regional meetings - resulting in a final Report that was published on September 3, 2001.
The Report makes practical recommendations based on the consultation process, aimed at preventing and resolving conflicts - and was presented to WIPO's Member States and the Internet community, including ICANN.
At their meeting held from September 24 to October 3, 2001, WIPO Member States decided to subject the Report of the Second WIPO Internet Domain Name Process to a comprehensive analysis by the Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications, meeting in two Special Sessions for this purpose. The first Special Session was held from November 29 to December 4, 2001, the second from May 21 to 24, 2002. All working documents of the Special Sessions are available to the public.
At their meeting from September 23 to October 1, 2002, WIPO Member States took a decision based on the recommendations of the Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications. This decision has been transmitted to the Internet Corporation for Assigned Names and Numbers (ICANN).
The SCT has continued discussion on a number of issues relating to country names and geographical indications, at its ninth, tenth and eleventh sessions.
On a related issue, the reservation of country names in the .info gTLD, the Government Advisory Committee of ICANN has published an information circular.
On March 23, 2005, the UN Legal Advisers sent a letter to ICANN supporting WIPO's recommendations regarding the protection of the names and acronyms of IGOs.
