About Intellectual Property IP Training IP Outreach IP for… IP and... IP in... Patent & Technology Information Trademark Information Industrial Design Information Geographical Indication Information Plant Variety Information (UPOV) IP Laws, Treaties & Judgements IP Resources IP Reports Patent Protection Trademark Protection Industrial Design Protection Geographical Indication Protection Plant Variety Protection (UPOV) IP Dispute Resolution IP Office Business Solutions Paying for IP Services Negotiation & Decision-Making Development Cooperation Innovation Support Public-Private Partnerships The Organization Working with WIPO Accountability Patents Trademarks Industrial Designs Geographical Indications Copyright Trade Secrets WIPO Academy Workshops & Seminars World IP Day WIPO Magazine Raising Awareness Case Studies & Success Stories IP News WIPO Awards Business Universities Indigenous Peoples Judiciaries Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions Economics Gender Equality Global Health Climate Change Competition Policy Sustainable Development Goals Enforcement Frontier Technologies Mobile Applications Sports Tourism PATENTSCOPE Patent Analytics International Patent Classification ARDI – Research for Innovation ASPI – Specialized Patent Information Global Brand Database Madrid Monitor Article 6ter Express Database Nice Classification Vienna Classification Global Design Database International Designs Bulletin Hague Express Database Locarno Classification Lisbon Express Database Global Brand Database for GIs PLUTO Plant Variety Database GENIE Database WIPO-Administered Treaties WIPO Lex - IP Laws, Treaties & Judgments WIPO Standards IP Statistics WIPO Pearl (Terminology) WIPO Publications Country IP Profiles WIPO Knowledge Center WIPO Technology Trends Global Innovation Index World Intellectual Property Report PCT – The International Patent System ePCT Budapest – The International Microorganism Deposit System Madrid – The International Trademark System eMadrid Article 6ter (armorial bearings, flags, state emblems) Hague – The International Design System eHague Lisbon – The International System of Appellations of Origin and Geographical Indications eLisbon UPOV PRISMA Mediation Arbitration Expert Determination Domain Name Disputes Centralized Access to Search and Examination (CASE) Digital Access Service (DAS) WIPO Pay Current Account at WIPO WIPO Assemblies Standing Committees Calendar of Meetings WIPO Official Documents Development Agenda Technical Assistance IP Training Institutions COVID-19 Support National IP Strategies Policy & Legislative Advice Cooperation Hub Technology and Innovation Support Centers (TISC) Technology Transfer Inventor Assistance Program WIPO GREEN WIPO's Pat-INFORMED Accessible Books Consortium WIPO for Creators WIPO ALERT Member States Observers Director General Activities by Unit External Offices Job Vacancies Procurement Results & Budget Financial Reporting Oversight

[process2-comments] RFC-1

To: process.mail@wipo.int
Subject: [process2-comments] RFC-1
From: desd@rexco.com
Date: Sat, 5 Aug 2000 16:08:03 +0200
 Name: Des Donnelly Organization: www.rexco.com Position: Director (i) Should tradenames be protected...... In principal I would agree that tradenames should be offered some protection (ii) How do you define which tradenames would be eligible..... I would limit protection to those tradenames which have gone through a registration process by their relevant national authority. This authority has carried out any necessary due diligence (iii) How do you define bad faith..... Hmmm this is where the difficulties start, it is feasible to have a similar organisations is different countries in the same field. No doubt there are many thousand occurences worldwide. In this scenario I believe the first come first served rule should be applied. An example of bad faith could be a tradename *floridaoranges brisbane* - someone who is not in the orange business in any way or perhaps not even in business in any way or perhaps imports only oranges from other regions. I would see a complaint from Florida orange growers to be reasonable in this example and the tradename of the Bribane person to be unreasonable. (iv) What provision.... for dispute resolution I think the WIPO domain resolution process in place is ideal though as volume increases costs should fall not the reverse. Perhaps the OpenSRS model may be useful in this regard where WIPO could *license* agents worldwide, this would help introduce some free market principals. (v) Would directory.... avoiding domain name conflicts ... be useful, Perhaps it would be smart to persuade all registration authorities/agents to place a tradename/trademark infingement warning up front, just like a cigarette warning *illegal domain registration may be harmful to your internet reputation* Regards Des Donnelly www.rexco.com Ireland