[process2-comments] RFC-1

 World Health Organization (WHO) CH-1211 Geneva 27 Switzerland 30 August 2000 Dear Mr Gurry, Subject: Request for comments on Terms of Reference, Procedures and Timetable for the Second WIPO Internet Domain Name Process Further to the above-mentioned request for comments, we should like to make the following suggestions in regard of paragraph C ("International Nonproprietary Names (INNs) for Pharmaceutical Substances") and paragraph D ("Names of international intergovernmental organizations") of the Terms of Reference, Procedures and Timetable for the Second WIPO Internet Domain Name Process. For easy reference, changes have been underlined. "C. International Nonproprietary Names (INNs) for Pharmaceutical Substances: Recommendations will be formulated on whether INNs should be excluded from registration, and/or be protected agains abusive registration, as domain name in the gTLDs, and, if so, in what circumstances and how. An "INN" is a globally available, unique name used to identify a pharmaceutical substance or active pharmaceutical ingredient (e.g., ampicillin). INNs are recommended by the World Health Organization (WHO) in order to promote and protect the safety and health of patients worldwide, by providing a single, globally available name for each such substance. WHO maintains a list of recommended INNs, now numbering approximately 7500. To qualify, INNs must be distinctive in sound and spelling, so as not to be liable to confusion with other commonly used names, and must be in the public domain and therefore freely available for the sole purpose of identifying the pharmaceutical substance in question. List of Issues: The list below is submitted for comment by interested parties as the suggested list of issues to be covered in the study: (i)Should domain names, which include INNs (i.e. either INNs alone or INNs as an element) be totally excluded from registration and use in the DNS and/or should such names be protected against bad faith, abusive, misleading or unfair registration and use? Note: Manufacturers producing the pharmaceutical substance for which an INN is created, are allowed to market the product in question as follows: "[INN] [name manufacturer]". The reason for this is to promote the use of generic names. As a result, domain names registered and used by a manufacturer of the pharmaceutical substance as: "[INN] [name of the manufacturer]" are not necessarily in bad faith, abusive, misleading or unfair. An exception to the exclusion and/or protection against abusive registration of such domain names could therefore be envisaged, provided that the site is used only in relation to the pharmaceutical substance of that manufacturer. (ii)Is any use and registration of INNs (except as provided in the Note above) contrary to the global availability of INNs for the sole purpose of identifying particular pharmaceutical substances and safeguarding the safety of patiens (i.e. since registration and use in the DNS creates rights which are akin to proprietary right)? (iii)How do you define bad faith, abusive, misleading or unfair registration and use in respect of INNs? (iv)What provision, if any, should be made for dispute resolution with respect to disputes concerning INNs registered as domain names? (v)If an exclusion is considered to be useful, how should any exclusion protection take place? (vi)Would directory, listing or similar other services aimed at avoiding domain name conflicts concerning INNs be useful, and, if so, please describe such services? D. Names of international intergovernmental organizations: Recommendations will be formulated on whether the names and acronyms of international intergovernmental organizations should be excluded from registration, and/or be protected against abusive registration, as domain name in the gTLDs, and if so, in what circumstances and how. Names and acronyms of international intergovernmental organizations are currently protected against use and registration as trademarks by the Paris Convention for the Protection of Industrial Property (Paris Convention) and through the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). List of Issues: The list below is submitted for comment by interested parties as the suggested list of issues to be covered in the study: (i)Should domain names, which include the names and acronyms of international intergovernmental organizations (i.e. either alone or as an element) be totally excluded from registration and use in the DNS and/or should such names be protected against bad faith, abusive, misleading or unfair registration and use? (ii)How do you define bad faith, abusive, misleading or unfair registration and use in respect of the names and acronyms of international intergovernmental organizations? (iii)What provision, if any, should be made for dispute resolution with respect to disputes concerning the names and acronyms of international intergovernmental organizations registered as domain names? (iv)If an exclusion were considered to be useful, how would any exclusion be implemented? (v)Would directory, listing or similar other services aimed at avoiding domain name conflicts concerning the names and acronyms of international intergovernmental organizations be useful, and, if so, please describe such services? (vi)Which international intergovernmental organizations should receive any such protection in the DNS (e.g., international or regional organizations, all organizations that have followed the notification provisions of the Paris Convention)?" As discussed during an informal meeting between WIPO and WHO staff on 7 August 2000, WIPO may wish to consider inviting the following interested parties to participate in the planned discussions in the fall of this year on the misuse of INNs as domain names: (i.)the moderator (Chairman) of the INN Expert Group; (ii.)representatives of major national nomenclature commissions (e.g. USAN, BAN, DCF, and JAN); and (iii.)representatives of major industry federations (such as IFPMA and EFPIA). For your information, we should like to mention that the INN Expert Group will meet in Geneva from 15 to 17 November 2000. You may, therefore, perhaps wish to take advantage of the presence of the parties referred to under points (i) and (ii) during that period. Finally, in light of the very different nature of INNs on the one hand, and the names of international organizations on the other hand, we presume that two separate sessions will be held to discuss these. As mentioned in our letter of 26 July 2000, WHO looks--in any event--forward to participating in the discussions on both subjects. Thank you for your consideration of the above. Of course, we are at your disposal to provide you with any additional information and/or clarification, you may require. Yours sincerely, Thomas S.R. Topping Legal Counsel