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[process2-comments] RFC-3

To: process.mail@wipo.int
Subject: RFC-3
From: "European Brands Association (AIM)"
Date: Wed, 16 May 2001 14:02:13 +0200

Name: Philip Sheppard
Organization: AIM
Position: Public Affairs Manager

AIM - the European Brands Association broadly supports the conclusion of the interim report of the WIPO second domain name process. We have the following comments.

International non-proprietary names for pharmaceuticals (INNs)

AIM supports the proposed ban on registrations on domain names identical to INNs in all gTLDs (generic top-level domain names such as dot com and the forthcoming dot biz, dot info and dot name). This is essentially a consumer health protection measure.

AIM supports the clear definition of the the basis for a ban, namely appearance on the WHO database in any of the 5 official WHO languages.

AIM agrees that the UDRP is not an appropriate mechanism.

International organisations (IGOs)

The proposes ban on registrations on domain names identical to IGOs in all gTLDs seems a sensible measure but there will be instances of good faith coincidence. A means to resolve these need to be found.

Personal names

AIM agrees about the complexity of this issue and agrees to a recommendation for further comment.

Geographical indications

The proposal to broaden the UDRP to cover geographical indications and indications of source seems to be a logical follow-on from the protection of trademarks.

However, while geographical indications give some certainty of definition there will be need to be thinking to resolve clashes with place names used for travel, tourism, local government as well as trademarks. A test of bad faith will have to be established. This should also be an opportunity to clarify definition of use in the UDRP.

Tradenames

While protection of tradenames is certainly desirable, AIM recognises the complexity inherent from national definitions of tradenames being diverse. AIM understands the recommendation not to extend the UDRP to cover tradenames.