[process2-comments] RFC-2
Name: Christa Worley Organization: Boalthall Position: Student Here's the intro to the attached comment (regards geographic terms): An international uniform dispute resolution policy regarding geographic terms is not practical at this time. A brief comparative glance at city's rights to their own names in Germany and the United States elucidates the problems with a uniform international policy. In Germany, a city has a legal right to use its name; however, no such name right exists in the United States. As a result, a German city might have a domain name right, but a U.S. city might not. Any uniform policy suggested by WIPO, therefore, would not be able to protect a German city's right without possibly contradicting U.S. law. Likewise, minimal protection that does not contradict U.S. law would not realize any protection to German cities. The result: Developing a policy at this time would be a futile exercise unless WIPO's goal is to create international law. In the latter case, WIPO's hope would be that member nations would bend their laws to conform to WIPO's suggestions (as adopted by the UDRP). If WIPO's ambition is to become an international law making body, then suggesting a city name dispute policy! is appropriate. Otherwise, based on a quick glance at German and U.S. law, WIPO cannot suggest a meaningful city name dispute policy at this time.
WIPO2RFC2Geographicalterms.pdf
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