On Thursday 30 January 2014 07:12 PM, Salanieta Tamanikaiwaimaro wrote:
Many thanks Vanda.
Yes, countries should have been monitoring their marks etc.
Why not civil society be doing it, on the presumption that civil society is there to safeguard public interest... What do they keep themselves busy with... parminder
Hong, I think the lady who spoke in Durban at the Public Forum was probably Heather Forrest: Protection of Geographic Names in International Law and Domain Name System Policy (Information Law)
She was also probably trying to sell her book and I note that it's available on Amazon. Apparently she is listed as a member of ICANN's IP constituency.
Kind Regards, Sala
Sent from my iPad
On Jan 31, 2014, at 1:20 AM, Vanda Scartezini <vanda@uol.com.br> wrote:
First of all HAPPY NEW YEAR!!! To you and whole family!! Second I totally agree and remember Wipo discussion from long time. But also, countries like mine, should have raised the hand many years ago when Amazon registered its trade mark in these same countries without any opposition. Vanda Scartezini Polo Consultores Associados Av. Paulista 1159, cj 1004 01311-200- Sao Paulo, SP, Brazil Land Line: +55 11 3266.6253 Mobile: + 55 11 98181.1464
On 1/30/14, 5:32, "Hong Xue" <hongxueipr@gmail.com> wrote:
In the cases of AMAZON and PATAGONIA, it was primarily the relevant governments' power over Geographic Names that prevails. It has triggered forceful debates about whether GNs are really subject to governmental power or sovereignty. Remember the research report presented by the AU professors at Durban Public Forum? In addition, the government did not really interfere these 2 GN applications, largely through GAC, until the late stage, while the local user community had had filed many protests and oppositions at the ICANN.
So I assume it would be a good idea, as Sala suggested, for ALAC/at-large to research the "community right" over the traditional cultural expressions in the NEXT round (if any) of new gTLD expansion program. It seems clear that the so-called community objection procedure barely woks.
FYI, WIPO has been working on this issue for a decade and hopefully there would be a breakthrough 2014 in the negotiation of the "draft provisions/articles on protection of TCE and TK". I'm pretty sure that protection of TCE in DNS has not yet been contemplated in the international lawmaking. So the research could be timely and useful.
What do you think to proceed to do the research? Forming a working group or it can be done through new gTLD WG?
Hong
Professor Dr. Hong Xue Director of Beijing Normal University Institute for Internet Policy & Law (IIPL) Co-Director of UNCITRAL-BNU Joint Certificate Program on International E-Commerce Law http://www.iipl.org.cn/ 19 Xin Jie Kou Wai Street Beijing 100875 China
On Thu, Jan 30, 2014 at 12:59 PM, Seth M Reiss <seth.reiss@lex-ip.com>wrote:
Yes. And how does AMAZON and PATAGONIA fit in here?
Seth
-----Original Message----- From: at-large-bounces@atlarge-lists.icann.org [mailto:at-large-bounces@atlarge-lists.icann.org] On Behalf Of Satish Babu Sent: Wednesday, January 29, 2014 5:38 PM To: At-Large Worldwide Subject: Re: [At-Large] Traditional Cultural Expressions #ICANN #WIPO
Dear Sala, Wolf and all I too agree on the need to ensure that cultural heritage remains in the public domain. It would be interesting to study this problem in greater depth and suggest to our communities how we could support them.
satish
On Thu, Jan 30, 2014 at 6:08 AM, Wolf Ludwig <wolf.ludwig@comunica-ch.net>wrote:
this is just to confirm that I entirely agree with your elaborations and thoughts below on "how to protect traditional knowledge and indigenous communities" from any usurpation by the right-holders industry. Some of us may recall stories about traditionals like "In the jungle ..." and related rights disputes -- see: http://en.wikipedia.org/wiki/The_Lion_Sleeps_Tonight
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