[process2-comments] RFC-3

To: process.mail@wipo.int
From: "UAEnic"
Subject: MPA Comments
Date: Wed, 6 Jun 2001 15:50:38 +0200

Name: Naser Sulaiman
Organization: UAEnic
Position: Legal Advisor of UAEnic

Mr. Francis Gurry
Assistant Director General and Legal Counsel
World Intellectual Property Organization (WIPO),
Geneva, Switzerland

SUB: GAC: interim Repeat of WIPO Process.

Thank you for your e-mail dated 27 APRIL 2001 regarding the above subject.

1st. On behalf of UAEnic and its Manager Mr. Abdulla A. Hashim , I am honoured to send you and WIPO the warmest greetings for your sincere active effort, concerning abusive registration of Domain Names in the below areas which is highly appreciated:

2nd. Please be informed that concerning the abuse of the above 5 identifiers UAEnic believes, that the below 5 identifiers shall be considered more when Domain names were similar to one of the above 5 identifiers:

1. Well-known trade name;
2. Well-known Personal names;
3. Well-known Geographical Indications;
4. Well-known International Non-proprietary Names (INN) ;
5. Well-known Names of Intergovernmental Organisations

B.2 - Further considerable Principles maybe summarised as follows:

1. The abuse of the above identifiers through domain name registration was for Commercial purpose. Therefore, we should consider that all the gTLDs operated DNS for Commercial purpose.
2. If the abuse of the above identifiers through domain name registration was under the Commercial Categories/classes/levels of the ccTLDs:
3. If the abuse of the above identifiers through domain name registration was for dilution purpose as "the lessening of the capacity of a famous mark to identify and distinguish goods or services, regardless of the presence or absence of:

1. Competition between the owner of the famous mark and other parties, or
2. Likelihood of confusion mistake, or deception for the above identifiers.

3rd. As you are aware, it is mentioned under Paris Convention under Auricle No. (9) that the trade names are devised country-by-country basis or as mentioned under TRIPs Agreement Article No. (8) PRINCIPLES " para 1 "MEMBERS MAY, in formulating or amending their laws and regulations, adopt measures necessary to protect public health an nutrition ,and to promote the public interest in sectors of vital importance to their socio-economic and technological development ,provided that such measures are consistent with the provisions of this agreement.". However, we believe that the rule of country-by-country basis might apply to all the afore-mentioned 5 identifiers. It seems likely that this method will continue to drive for the measurable future for ccTLDs. (Subject to TRIPs Agreement Articles No. "22-23 " of Section 3).

4th. Accordingly, we suggest having more highlight and stressing in the below issues when you are kindly drafting the final report.

• Names of tribes under the personal Name and Geographical Indications
• Names of animals Pedigrees and Family background under the Geographical Indications

5th. Recommendation No ( 83) : It suggested to study the matter of the Arabic language so as to be added to the Cumulative list of INN".

6th. In addition, we are supporting WIPO in their view that the duties of "ccTLDs" are different from gTLDs duties in this regard. Also we are supporting WIPO in their recommendation mainly in the following:

1. Recommendation No. (67) : "It is recommended that the protection of INNs apply in all open gTLDs"
2. Recommendation No. (84) we are supporting WIPO in their recommendation: " it is further recommended that any existing registrations of INNs as domain names be cancelled and that, following such cancellation ,such INNs be excluded from any further registrations
3. Recommendation No (123) we are supporting WIPO in their recommendation: " it is recommended that the name of IGOs should be excluded from registration in all gTLDs ".
4. Recommendation No (214) we are supporting WIPO in their recommendation: " it is recommended that measures be adopted to protect the geographical indications of source in the open gTLDs " .
5. Recommendation No (278) we are supporting WIPO in their recommendation: " it is recommended that the consideration of any measures to protect the names of places in the gTLDs, at this stage should be restricted to the names of :

Finally, we believe that the comments and views mentioned in this Interim Report of the Second WIPO Internet Domain Name Process are significant contributions to informed discussion of these issues of IPRs and DNS. We thank you, WIPO and GAC for giving us this opportunity to raise the above issues.

Thanking you,

Naser Sulaiman
Legal Advisor of UAEnic

POSTAL ADDRESS:

Naser Sulaiman
Legal Counsel
Emirates Telecommunications Corporation – Etisalat
Head Office P. O. Box, 3838, Abu Dhabi, United Arab Emirates
Telephone (971) 2 6184592, Fax (971) 2 6391000.
Email nassir@emirates.net.ae