WIPO Internet Domain Name Process

Report: Tokyo regional consultation

On October 19, 1998, the eighth regional consultation within the framework of the WIPO Internet Domain Name Process was held in Tokyo, Japan. The consultation was hosted by the Japan Patent Attorneys Association (JPAA) and was conducted in cooperation with the Japan Network Information Center and the Japanese Patent Office (JPO).

The meeting was attended on behalf of WIPO by Mr. Shozo Uemura, Deputy Director General, Mr. Richard Wilder, Director-Advisor, Office of Legal and Organization Affairs and Ms. Lucinda Jones, Consultant, Office of Legal and Organization Affairs. The panel of experts assisting WIPO in its work was represented by Mr. Kensuke Norichika (Executive Director, Software Information Center) and Dr. Ousmane Kane (Executive Director, African Regional Centre for Technology).

The consultation was opened by Mr. Atsushi Oshima (Chairman of the Trademark Committee, JPAA) on behalf of the JPAA. Mr. Naomasa Maruyama (Vice President, Japan Network Information Center) spoke on behalf of JPNIC and Mr. Joji Hashimoto (Director General, 1^st Examination Department, JPO) on behalf of the JPO. Mr. Shozo Uemura opened the consultation on behalf of the World Intellectual Property Organization.

The presentations and open discussions covered the four main topics to be addressed by the WIPO Internet Domain Name Process: dispute prevention, dispute resolution, protection of famous and well-known marks, and introduction of new gTLDs. The table below lists those who participated in the consultation.

It was recognized that a system to deal with the conflicts that arise between domain names and trademarks must be in place. Such a system should be respectful of both the need for speed and low cost in the registration of internet domain names, while at the same time protecting the legitimate interests of trademark owners. Emphasis was also placed on the need for a process for the protection of famous and well-known marks. Indeed, some speakers, representatives of trademark owners felt that the process for the protection of famous and well-known marks was a central issue in the WIPO internet domain names process. It was pointed out that a list of well-known or "defensive marks" is maintained by the Japanese Patent Office. Some speakers were in favor of establishing such a list for the protection of famous and well-known marks in the context of the registration of domain names. In respect of dispute resolution it was pointed out that the law in Japan allows for only binding arbitration, not non-binding arbitration.

A recording was made of the proceedings. The transcript will shortly be made available to the public on this website under the section "Consultations."

Speakers