Traditional Cultural Expressions #ICANN #WIPO
Dear All, Some of you may remember the *ALAC statement on Community Priority Evaluation Guidelines* that was unanimously passed. There are certain developments within on moves to protect Traditional Cultural Expressions through WIPO etc. To see the developments in WIPO and the Draft Articles in this area, in English, Spanish, French and Russian, visit: http://www.wipo.int/meetings/en/doc_details.jsp?doc_id=245543 As you can imagine, the At Large community has many people who have an interest in this space either from community based concerns in the protection of such expressions etc. A little known fact is that Vanda Scartazeni used to head and manage Brazil's equivalent of the United States Trademark and Patent Office (USPTO). There are others in the At Large community who have been involved in various Intellectual Property linked matters such as Hong and Seth etc. Instead of always being reactionary to public policy debates and dialogue, it is critical that issues such as Traditional Cultural Expressions and protections in the wake of lack of appropriate mechanisms be protected as captured within the spirit of the Statement of the ALAC. Strategies should be deployed within At Large on how to best protect them. Care should be taken to protect "traditional knowledge" and "indigenous communities" that may not have the technological savvy to navigate the systems effectively. For example, should Louis Vuitton decide to apply for .maasai and where a Maasai Elder is in the process of protecting their traditional name. Ron Layton of Light Years IP argues that the Maasai brand is worth $10million. See: http://www.bbc.co.uk/news/magazine-22617001 Intellectual Property and Traditional cultural expressions have been the subject of global discussions as early as 1967 when there was an amendment to the *Berne Convention for the Protection of Artistic and Literary Works*for the protection of unpublished and anonymous works. Best Regards, Sala
Dear Sala and all, 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 And our At-Large community could be an advocate for such a cultural heritage being kept in the public domain. According to my (personal) observations, right holders and their legions of IP lawyers, collecting societies etc. ab/use the Berne Convention (you mentioned below) more and more for unjustified or biased IP claims and thus undermining the Public Domain! In Switzerland organizations I work with have observed and queried several of such cases where right holders or collecting societies are systematically pursuing particular (monetary) interests by harming any public interests or cultural heritages ... Just another field to closely observe and follow up in the public interest! Thanks and regards, Wolf Salanieta T. Tamanikaiwaimaro wrote Thu, 30 Jan 2014 09:17:
Dear All,
Some of you may remember the *ALAC statement on Community Priority Evaluation Guidelines* that was unanimously passed. There are certain developments within on moves to protect Traditional Cultural Expressions through WIPO etc. To see the developments in WIPO and the Draft Articles in this area, in English, Spanish, French and Russian, visit: http://www.wipo.int/meetings/en/doc_details.jsp?doc_id=245543
As you can imagine, the At Large community has many people who have an interest in this space either from community based concerns in the protection of such expressions etc.
A little known fact is that Vanda Scartazeni used to head and manage Brazil's equivalent of the United States Trademark and Patent Office (USPTO). There are others in the At Large community who have been involved in various Intellectual Property linked matters such as Hong and Seth etc. Instead of always being reactionary to public policy debates and dialogue, it is critical that issues such as Traditional Cultural Expressions and protections in the wake of lack of appropriate mechanisms be protected as captured within the spirit of the Statement of the ALAC.
Strategies should be deployed within At Large on how to best protect them. Care should be taken to protect "traditional knowledge" and "indigenous communities" that may not have the technological savvy to navigate the systems effectively.
For example, should Louis Vuitton decide to apply for .maasai and where a Maasai Elder is in the process of protecting their traditional name. Ron Layton of Light Years IP argues that the Maasai brand is worth $10million. See: http://www.bbc.co.uk/news/magazine-22617001
Intellectual Property and Traditional cultural expressions have been the subject of global discussions as early as 1967 when there was an amendment to the *Berne Convention for the Protection of Artistic and Literary Works*for the protection of unpublished and anonymous works.
Best Regards, Sala _______________________________________________ At-Large mailing list At-Large@atlarge-lists.icann.org https://atlarge-lists.icann.org/mailman/listinfo/at-large
At-Large Official Site: http://atlarge.icann.org
EuroDIG Secretariat http://www.eurodig.org/ mobile +41 79 204 83 87 Skype: Wolf-Ludwig EURALO - ICANN's Regional At-Large Organisation http://euralo.org Profile on LinkedIn http://ch.linkedin.com/in/wolfludwig
Friends But did not all the good bottom up participatory processes of ICANN, conducted over several years, did nothing to prevent the name of 'Amazon' to be almost taken by a private company as its private property, till those bad governments intervened and saved it. A governance paradigm based on private contracts (market ideology based governance) cannot safeguard public interest. ICANN as constituted now simply does not understand the canons of public governance. For instance, I would never understand what kind of logic is it to say that a generic word like 'book' cannot be saved from e-proprietisation because one cannot see a community (the english speaking community?) behind it. It is almost funny.... One can of course refuse to see anything that one does not want to see... Again it is those bad governments that put 'closed generic gtlds' on hold... New gtlds was the single most important policy decision for ICANN in a very long time, and it simply failed to understand, much less affirm, public interest in this important regard. To me, this means, ICANN processes are simply not working. in matters of wider public interest. I am happy to be persuaded otherwise. .. parminder On Thursday 30 January 2014 06:08 AM, Wolf Ludwig wrote:
Dear Sala and all,
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 usurption 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
And our At-Large community could be an advocate for such a cultural heritage being kept in the public domain. According to my (personal) observations, right holders and their legions of IP lawyers, collecting societies etc. ab/use the Berne Convention (you mentioned below) more and more for unjustified or biased IP claims and thus undermining the Public Domain! In Switzerland organizations I work with have observed and queried several of such cases where right holders or collecting societies are systematically pursuing particular (monetary) interests by harming any public interests or cultural heritages ...
Just another field to closely observe and follow up in the public interest!
Thanks and regards, Wolf
Salanieta T. Tamanikaiwaimaro wrote Thu, 30 Jan 2014 09:17:
Dear All,
Some of you may remember the *ALAC statement on Community Priority Evaluation Guidelines* that was unanimously passed. There are certain developments within on moves to protect Traditional Cultural Expressions through WIPO etc. To see the developments in WIPO and the Draft Articles in this area, in English, Spanish, French and Russian, visit: http://www.wipo.int/meetings/en/doc_details.jsp?doc_id=245543
As you can imagine, the At Large community has many people who have an interest in this space either from community based concerns in the protection of such expressions etc.
A little known fact is that Vanda Scartazeni used to head and manage Brazil's equivalent of the United States Trademark and Patent Office (USPTO). There are others in the At Large community who have been involved in various Intellectual Property linked matters such as Hong and Seth etc. Instead of always being reactionary to public policy debates and dialogue, it is critical that issues such as Traditional Cultural Expressions and protections in the wake of lack of appropriate mechanisms be protected as captured within the spirit of the Statement of the ALAC.
Strategies should be deployed within At Large on how to best protect them. Care should be taken to protect "traditional knowledge" and "indigenous communities" that may not have the technological savvy to navigate the systems effectively.
For example, should Louis Vuitton decide to apply for .maasai and where a Maasai Elder is in the process of protecting their traditional name. Ron Layton of Light Years IP argues that the Maasai brand is worth $10million. See: http://www.bbc.co.uk/news/magazine-22617001
Intellectual Property and Traditional cultural expressions have been the subject of global discussions as early as 1967 when there was an amendment to the *Berne Convention for the Protection of Artistic and Literary Works*for the protection of unpublished and anonymous works.
Best Regards, Sala _______________________________________________ At-Large mailing list At-Large@atlarge-lists.icann.org https://atlarge-lists.icann.org/mailman/listinfo/at-large
At-Large Official Site: http://atlarge.icann.org
EuroDIG Secretariat http://www.eurodig.org/ mobile +41 79 204 83 87 Skype: Wolf-Ludwig
EURALO - ICANN's Regional At-Large Organisation http://euralo.org
Profile on LinkedIn http://ch.linkedin.com/in/wolfludwig _______________________________________________ At-Large mailing list At-Large@atlarge-lists.icann.org https://atlarge-lists.icann.org/mailman/listinfo/at-large
At-Large Official Site: http://atlarge.icann.org
Hi Hong, Parminder and Others, Hong - I remember hearing an Academic speak on the matter but was not sure where they are from. I would be grateful if you could share the link to the report if it is available and only if you have it as I am interested in reading it. Parminder - there will always be many things to improve within ICANN where global public interest is concerned and we need to navigate through the system. The At Large for sometime has been raising objections but there are mechanisms that we need to work through. On the issue of AMAZON and PANTAGONIA there are some additional considerations that also have ambit outside of ICANN. That is where organisations may have applied for Intellectual Property rights over names such as these. That would add the additional conflict and barrier. Which is why when we and if we decide that we would like to commission a study in this area, how we frame the questions will also be critical. It is also important that we identify whether there is a distinction between TCEs and Geographical names. The conservative view will say that the two are separate and distinct and the liberal view would see them as one, At some stage care should be taken to identify how the proprietary rights should be prioritize etc. For those who might have missed it the current Draft Articles in WIPO on TCEs were shared in the first email on this discussion thread in terms of the URL or link. Kind Regards, Sala On Thu, Jan 30, 2014 at 3:27 PM, parminder <parminder@itforchange.net>wrote:
Friends
But did not all the good bottom up participatory processes of ICANN, conducted over several years, did nothing to prevent the name of 'Amazon' to be almost taken by a private company as its private property, till those bad governments intervened and saved it. A governance paradigm based on private contracts (market ideology based governance) cannot safeguard public interest. ICANN as constituted now simply does not understand the canons of public governance. For instance, I would never understand what kind of logic is it to say that a generic word like 'book' cannot be saved from e-proprietisation because one cannot see a community (the english speaking community?) behind it. It is almost funny.... One can of course refuse to see anything that one does not want to see... Again it is those bad governments that put 'closed generic gtlds' on hold... New gtlds was the single most important policy decision for ICANN in a very long time, and it simply failed to understand, much less affirm, public interest in this important regard. To me, this means, ICANN processes are simply not working. in matters of wider public interest. I am happy to be persuaded otherwise.
.. parminder
On Thursday 30 January 2014 06:08 AM, Wolf Ludwig wrote:
Dear Sala and all,
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 usurption 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
And our At-Large community could be an advocate for such a cultural heritage being kept in the public domain. According to my (personal) observations, right holders and their legions of IP lawyers, collecting societies etc. ab/use the Berne Convention (you mentioned below) more and more for unjustified or biased IP claims and thus undermining the Public Domain! In Switzerland organizations I work with have observed and queried several of such cases where right holders or collecting societies are systematically pursuing particular (monetary) interests by harming any public interests or cultural heritages ...
Just another field to closely observe and follow up in the public interest!
Thanks and regards, Wolf
Salanieta T. Tamanikaiwaimaro wrote Thu, 30 Jan 2014 09:17:
Dear All,
Some of you may remember the *ALAC statement on Community Priority Evaluation Guidelines* that was unanimously passed. There are certain developments within on moves to protect Traditional Cultural Expressions through WIPO etc. To see the developments in WIPO and the Draft Articles in this area, in English, Spanish, French and Russian, visit: http://www.wipo.int/meetings/en/doc_details.jsp?doc_id=245543
As you can imagine, the At Large community has many people who have an interest in this space either from community based concerns in the protection of such expressions etc.
A little known fact is that Vanda Scartazeni used to head and manage Brazil's equivalent of the United States Trademark and Patent Office (USPTO). There are others in the At Large community who have been involved in various Intellectual Property linked matters such as Hong and Seth etc. Instead of always being reactionary to public policy debates and dialogue, it is critical that issues such as Traditional Cultural Expressions and protections in the wake of lack of appropriate mechanisms be protected as captured within the spirit of the Statement of the ALAC.
Strategies should be deployed within At Large on how to best protect them. Care should be taken to protect "traditional knowledge" and "indigenous communities" that may not have the technological savvy to navigate the systems effectively.
For example, should Louis Vuitton decide to apply for .maasai and where a Maasai Elder is in the process of protecting their traditional name. Ron Layton of Light Years IP argues that the Maasai brand is worth $10million. See: http://www.bbc.co.uk/news/magazine-22617001
Intellectual Property and Traditional cultural expressions have been the subject of global discussions as early as 1967 when there was an amendment to the *Berne Convention for the Protection of Artistic and Literary Works*for the protection of unpublished and anonymous works.
Best Regards, Sala _______________________________________________ At-Large mailing list At-Large@atlarge-lists.icann.org https://atlarge-lists.icann.org/mailman/listinfo/at-large
At-Large Official Site: http://atlarge.icann.org
EuroDIG Secretariat http://www.eurodig.org/ mobile +41 79 204 83 87 Skype: Wolf-Ludwig
EURALO - ICANN's Regional At-Large Organisation http://euralo.org
Profile on LinkedIn http://ch.linkedin.com/in/wolfludwig _______________________________________________ At-Large mailing list At-Large@atlarge-lists.icann.org https://atlarge-lists.icann.org/mailman/listinfo/at-large
At-Large Official Site: http://atlarge.icann.org
_______________________________________________ At-Large mailing list At-Large@atlarge-lists.icann.org https://atlarge-lists.icann.org/mailman/listinfo/at-large
At-Large Official Site: http://atlarge.icann.org
Dear Sala, I don't have the link at the moment, except the vague memory of her oral presentation at the public forum. The research might be a commissioned work. No idea if it is in public. But if alac is going to do a comprehensive review of this round of new gtld process, the tce would be a topic in it. 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 4:13 PM, Salanieta T. Tamanikaiwaimaro < salanieta.tamanikaiwaimaro@gmail.com> wrote:
Hi Hong, Parminder and Others,
Hong - I remember hearing an Academic speak on the matter but was not sure where they are from. I would be grateful if you could share the link to the report if it is available and only if you have it as I am interested in reading it.
Parminder - there will always be many things to improve within ICANN where global public interest is concerned and we need to navigate through the system. The At Large for sometime has been raising objections but there are mechanisms that we need to work through.
On the issue of AMAZON and PANTAGONIA there are some additional considerations that also have ambit outside of ICANN. That is where organisations may have applied for Intellectual Property rights over names such as these. That would add the additional conflict and barrier. Which is why when we and if we decide that we would like to commission a study in this area, how we frame the questions will also be critical.
It is also important that we identify whether there is a distinction between TCEs and Geographical names. The conservative view will say that the two are separate and distinct and the liberal view would see them as one,
At some stage care should be taken to identify how the proprietary rights should be prioritize etc.
For those who might have missed it the current Draft Articles in WIPO on TCEs were shared in the first email on this discussion thread in terms of the URL or link.
Kind Regards, Sala
On Thu, Jan 30, 2014 at 3:27 PM, parminder <parminder@itforchange.net
wrote:
Friends
But did not all the good bottom up participatory processes of ICANN, conducted over several years, did nothing to prevent the name of 'Amazon' to be almost taken by a private company as its private property, till those bad governments intervened and saved it. A governance paradigm based on private contracts (market ideology based governance) cannot safeguard public interest. ICANN as constituted now simply does not understand the canons of public governance. For instance, I would never understand what kind of logic is it to say that a generic word like 'book' cannot be saved from e-proprietisation because one cannot see a community (the english speaking community?) behind it. It is almost funny.... One can of course refuse to see anything that one does not want to see... Again it is those bad governments that put 'closed generic gtlds' on hold... New gtlds was the single most important policy decision for ICANN in a very long time, and it simply failed to understand, much less affirm, public interest in this important regard. To me, this means, ICANN processes are simply not working. in matters of wider public interest. I am happy to be persuaded otherwise.
.. parminder
On Thursday 30 January 2014 06:08 AM, Wolf Ludwig wrote:
Dear Sala and all,
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 usurption 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
And our At-Large community could be an advocate for such a cultural heritage being kept in the public domain. According to my (personal) observations, right holders and their legions of IP lawyers, collecting societies etc. ab/use the Berne Convention (you mentioned below) more and more for unjustified or biased IP claims and thus undermining the Public Domain! In Switzerland organizations I work with have observed and queried several of such cases where right holders or collecting societies are systematically pursuing particular (monetary) interests by harming any public interests or cultural heritages ...
Just another field to closely observe and follow up in the public interest!
Thanks and regards, Wolf
Salanieta T. Tamanikaiwaimaro wrote Thu, 30 Jan 2014 09:17:
Dear All,
Some of you may remember the *ALAC statement on Community Priority Evaluation Guidelines* that was unanimously passed. There are certain developments within on moves to protect Traditional Cultural Expressions through WIPO etc. To see the developments in WIPO and the Draft Articles in this area, in English, Spanish, French and Russian, visit: http://www.wipo.int/meetings/en/doc_details.jsp?doc_id=245543
As you can imagine, the At Large community has many people who have an interest in this space either from community based concerns in the protection of such expressions etc.
A little known fact is that Vanda Scartazeni used to head and manage Brazil's equivalent of the United States Trademark and Patent Office (USPTO). There are others in the At Large community who have been involved in various Intellectual Property linked matters such as Hong and Seth etc. Instead of always being reactionary to public policy debates and dialogue, it is critical that issues such as Traditional Cultural Expressions and protections in the wake of lack of appropriate mechanisms be protected as captured within the spirit of the Statement of the ALAC.
Strategies should be deployed within At Large on how to best protect them. Care should be taken to protect "traditional knowledge" and "indigenous communities" that may not have the technological savvy to navigate the systems effectively.
For example, should Louis Vuitton decide to apply for .maasai and where a Maasai Elder is in the process of protecting their traditional name. Ron Layton of Light Years IP argues that the Maasai brand is worth $10million. See: http://www.bbc.co.uk/news/magazine-22617001
Intellectual Property and Traditional cultural expressions have been the subject of global discussions as early as 1967 when there was an amendment to the *Berne Convention for the Protection of Artistic and Literary Works*for the protection of unpublished and anonymous works.
Best Regards, Sala _______________________________________________ At-Large mailing list At-Large@atlarge-lists.icann.org https://atlarge-lists.icann.org/mailman/listinfo/at-large
At-Large Official Site: http://atlarge.icann.org
EuroDIG Secretariat http://www.eurodig.org/ mobile +41 79 204 83 87 Skype: Wolf-Ludwig
EURALO - ICANN's Regional At-Large Organisation http://euralo.org
Profile on LinkedIn http://ch.linkedin.com/in/wolfludwig _______________________________________________ At-Large mailing list At-Large@atlarge-lists.icann.org https://atlarge-lists.icann.org/mailman/listinfo/at-large
At-Large Official Site: http://atlarge.icann.org
_______________________________________________ At-Large mailing list At-Large@atlarge-lists.icann.org https://atlarge-lists.icann.org/mailman/listinfo/at-large
At-Large Official Site: http://atlarge.icann.org
_______________________________________________ At-Large mailing list At-Large@atlarge-lists.icann.org https://atlarge-lists.icann.org/mailman/listinfo/at-large
At-Large Official Site: http://atlarge.icann.org
Dear Hong, Many thanks. I remember her commenting at the public forum and will also try and search for it. If and when you do access the Report, grateful if you could share it and I will also share the link if I find it. Have a glorious Year of the Horse!!! Best Wishes, Sala On Thu, Jan 30, 2014 at 10:23 PM, Hong Xue <hongxueipr@gmail.com> wrote:
Dear Sala,
I don't have the link at the moment, except the vague memory of her oral presentation at the public forum. The research might be a commissioned work. No idea if it is in public.
But if alac is going to do a comprehensive review of this round of new gtld process, the tce would be a topic in it.
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 4:13 PM, Salanieta T. Tamanikaiwaimaro < salanieta.tamanikaiwaimaro@gmail.com> wrote:
Hi Hong, Parminder and Others,
Hong - I remember hearing an Academic speak on the matter but was not sure where they are from. I would be grateful if you could share the link to the report if it is available and only if you have it as I am interested in reading it.
Parminder - there will always be many things to improve within ICANN where global public interest is concerned and we need to navigate through the system. The At Large for sometime has been raising objections but there are mechanisms that we need to work through.
On the issue of AMAZON and PANTAGONIA there are some additional considerations that also have ambit outside of ICANN. That is where organisations may have applied for Intellectual Property rights over names such as these. That would add the additional conflict and barrier. Which is why when we and if we decide that we would like to commission a study in this area, how we frame the questions will also be critical.
It is also important that we identify whether there is a distinction between TCEs and Geographical names. The conservative view will say that the two are separate and distinct and the liberal view would see them as one,
At some stage care should be taken to identify how the proprietary rights should be prioritize etc.
For those who might have missed it the current Draft Articles in WIPO on TCEs were shared in the first email on this discussion thread in terms of the URL or link.
Kind Regards, Sala
On Thu, Jan 30, 2014 at 3:27 PM, parminder <parminder@itforchange.net
wrote:
Friends
But did not all the good bottom up participatory processes of ICANN, conducted over several years, did nothing to prevent the name of 'Amazon' to be almost taken by a private company as its private property, till those bad governments intervened and saved it. A governance paradigm based on private contracts (market ideology based governance) cannot safeguard public interest. ICANN as constituted now simply does not understand the canons of public governance. For instance, I would never understand what kind of logic is it to say that a generic word like 'book' cannot be saved from e-proprietisation because one cannot see a community (the english speaking community?) behind it. It is almost funny.... One can of course refuse to see anything that one does not want to see... Again it is those bad governments that put 'closed generic gtlds' on hold... New gtlds was the single most important policy decision for ICANN in a very long time, and it simply failed to understand, much less affirm, public interest in this important regard. To me, this means, ICANN processes are simply not working. in matters of wider public interest. I am happy to be persuaded otherwise.
.. parminder
On Thursday 30 January 2014 06:08 AM, Wolf Ludwig wrote:
Dear Sala and all,
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 usurption 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
And our At-Large community could be an advocate for such a cultural heritage being kept in the public domain. According to my (personal) observations, right holders and their legions of IP lawyers, collecting societies etc. ab/use the Berne Convention (you mentioned below) more and more for unjustified or biased IP claims and thus undermining the Public Domain! In Switzerland organizations I work with have observed and queried several of such cases where right holders or collecting societies are systematically pursuing particular (monetary) interests by harming any public interests or cultural heritages ...
Just another field to closely observe and follow up in the public interest!
Thanks and regards, Wolf
Salanieta T. Tamanikaiwaimaro wrote Thu, 30 Jan 2014 09:17:
Dear All,
Some of you may remember the *ALAC statement on Community Priority Evaluation Guidelines* that was unanimously passed. There are certain developments within on moves to protect Traditional Cultural Expressions through WIPO etc. To see the developments in WIPO and the Draft Articles in this area, in English, Spanish, French and Russian, visit: http://www.wipo.int/meetings/en/doc_details.jsp?doc_id=245543
As you can imagine, the At Large community has many people who have an interest in this space either from community based concerns in the protection of such expressions etc.
A little known fact is that Vanda Scartazeni used to head and manage Brazil's equivalent of the United States Trademark and Patent Office (USPTO). There are others in the At Large community who have been involved in various Intellectual Property linked matters such as Hong and Seth etc. Instead of always being reactionary to public policy debates and dialogue, it is critical that issues such as Traditional Cultural Expressions and protections in the wake of lack of appropriate mechanisms be protected as captured within the spirit of the Statement of the ALAC.
Strategies should be deployed within At Large on how to best protect them. Care should be taken to protect "traditional knowledge" and "indigenous communities" that may not have the technological savvy to navigate the systems effectively.
For example, should Louis Vuitton decide to apply for .maasai and where a Maasai Elder is in the process of protecting their traditional name. Ron Layton of Light Years IP argues that the Maasai brand is worth $10million. See: http://www.bbc.co.uk/news/magazine-22617001
Intellectual Property and Traditional cultural expressions have been the subject of global discussions as early as 1967 when there was an amendment to the *Berne Convention for the Protection of Artistic and Literary Works*for the protection of unpublished and anonymous works.
Best Regards, Sala _______________________________________________ At-Large mailing list At-Large@atlarge-lists.icann.org https://atlarge-lists.icann.org/mailman/listinfo/at-large
At-Large Official Site: http://atlarge.icann.org
EuroDIG Secretariat http://www.eurodig.org/ mobile +41 79 204 83 87 Skype: Wolf-Ludwig
EURALO - ICANN's Regional At-Large Organisation http://euralo.org
Profile on LinkedIn http://ch.linkedin.com/in/wolfludwig _______________________________________________ At-Large mailing list At-Large@atlarge-lists.icann.org https://atlarge-lists.icann.org/mailman/listinfo/at-large
At-Large Official Site: http://atlarge.icann.org
_______________________________________________ At-Large mailing list At-Large@atlarge-lists.icann.org https://atlarge-lists.icann.org/mailman/listinfo/at-large
At-Large Official Site: http://atlarge.icann.org
_______________________________________________ At-Large mailing list At-Large@atlarge-lists.icann.org https://atlarge-lists.icann.org/mailman/listinfo/at-large
At-Large Official Site: http://atlarge.icann.org
_______________________________________________ At-Large mailing list At-Large@atlarge-lists.icann.org https://atlarge-lists.icann.org/mailman/listinfo/at-large
At-Large Official Site: http://atlarge.icann.org
Dear Parminder, On 30/01/2014 04:27, parminder wrote:
But did not all the good bottom up participatory processes of ICANN, conducted over several years, did nothing to prevent the name of 'Amazon' to be almost taken by a private company as its private property, till those bad governments intervened and saved it.
The ALAC had a very comprehensive process to file objections, along with all safeguards to make sure that the objections were really bottom up and supported by the majority of our member ALSes. Furthermore, it was all completely transparent. I invite you to read through the wealth of information on: https://community.icann.org/x/w7-bAQ The string you mention was indeed flagged by some of our members and therefore evaluated along many criteria and the community was asked for comments/support. As it happened, it ended up not being on the list of strings that the ALAC objected to. I am not judging whether this was right or not. There are many varying views in our community from people who believe the ALAC should have filed a lot more objections (including for the string you mention) and others who believe that the ALAC should have not filed any objections at all. All views were considered and the whole decisional process was bottom-up, starting from the ALSes to the RALOs, to the Objections Committee and finally to the ALAC. That's an incredible demonstration of operational bottom-up democracy in action. So please do not throw the baby out with the bathwater! Eventually the ALAC filed objections to 3 applications for the .HEALTH string. A follow-up Team built the objections bearing in mind the grounds for objection and process were probably quite restrictive but they did the best they could do. The result came back from the International Chamber of Commerce a week ago. It was a disappointment for many in the community. Others supported the rejection. Again, this variety of views shows a healthy democratic ecosystem. As for the process and the basis on which the examiner rejected the ALAC objections, many things can be argued to counter the result or support it. Seth Reiss who leads the objection follow-up Team provided a very interesting explanation in his announcement of the result and I invite you to read it, including the whole thread that followed after that. Announcement: http://atlarge-lists.icann.org/pipermail/alac-announce/2014q1/001444.html Thread: http://atlarge-lists.icann.org/pipermail/at-large/2014q1/009931.html At the moment, it would be a waste of time for the ALAC to file an appeal -- under the current conditions (defined in the applicant guidebook and in the ICANN bylaws) the ALAC would have a next to nil chance to win an appeal, both on form and content. However, during the last ALAC monthly call earlier this week, (all details on: https://community.icann.org/x/RwCuAg ) I encouraged the ALAC to take a full part in the evaluation process of Round 1 of the new gTLD process which I believe will be implemented before a decision is made on whether a second round of new gTLD applications is started (or not?). There are plenty of inadequacies which our community will be able to point out. Kind regards, Olivier MJ Crépin-Leblond ALAC Chair
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
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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participants (7)
-
Hong Xue -
Olivier MJ Crepin-Leblond -
parminder -
Salanieta T. Tamanikaiwaimaro -
Satish Babu -
Seth M Reiss -
Wolf Ludwig