More information on protection of names of International InterGovernmental Organisations (IGOs) from WIPO
-----Original Message----- From: Christian Wichard Sent: Wednesday, 5 April 2006 7:56 PM To: Bruce Tonkin Subject: WIPO-2 Dear Bruce, I read the transcript of the ICANN Public Forum last week and saw that you were unclear about the legal basis for the protection of names and acronyms of IGOs. As Richard Hill mentioned in his intervention at the Forum, there is quite an explicit legal basis in Article 6ter of the Paris Convention, an international Treaty that dates back to 1883 and, among other things, also forms the basis for the international protection of trademarks. Its provisions have been incorporated into the TRIPS Agreements which forms part of the WTO. Hence, any member of the WTO is required to comply with these provisions. I understand that it may be hard to follow all legal intricacies. You may wish to take a look at the WIPO Briefing Note which we had prepared in response to a request from ICANN. On pages 2-4 it contains a brief summary of the relevant legal issues, and on page 5 addresses the need for providing such protection in the DNS. The Note and attachments are available on ICANN's web site at http://www.icann.org/committees/JWGW2/WIPO2-note.pdf http://www.icann.org/committees/JWGW2/WIPO2-note-annexes.pdf Both issues, i.e. the legal basis as well as the need for protection, have also be addressed in a letter from the UN Legal Advisers to ICANN which is posted at http://arbiter.wipo.int/processes/process2/letter.pdf I hope that you will find this helpful. Please let me know if you have any further questions in this regard. With best regards, Christian Christian Wichard Deputy Director WIPO Arbitration and Mediation Center -------------------------------------------------- The WIPO Arbitration and Mediation Center is an international provider of non-profit services for the out-of-court resolution of commercial disputes. The Center specializes in cases arising out of technology and intellectual property transactions, such as licensing, R&D and distribution agreements. WIPO arbitration and mediation contract clauses: http://arbiter.wipo.int/arbitration/contract-clauses WIPO Internet domain name dispute resolution: http://arbiter.wipo.int/domains
Thanks to Bruce for the link to the "Briefing Note" --I had intended on summarizing the relevant portions of the note but professional time constraints have kept me one step behind Bruce! Accordingly, it may be better to allow each councillor to review the entire "briefing note". I am, of course, available to answer any questions that might arise after a reading. Regards, Lucy
-----Original Message----- From: owner-council@gnso.icann.org [mailto:owner-council@gnso.icann.org] On Behalf Of ext Bruce Tonkin Sent: Thursday, April 06, 2006 9:29 AM To: GNSO Council Subject: [council] More information on protection of names of International InterGovernmental Organisations (IGOs) from WIPO
-----Original Message----- From: Christian Wichard Sent: Wednesday, 5 April 2006 7:56 PM To: Bruce Tonkin Subject: WIPO-2
Dear Bruce,
I read the transcript of the ICANN Public Forum last week and saw that you were unclear about the legal basis for the protection of names and acronyms of IGOs. As Richard Hill mentioned in his intervention at the Forum, there is quite an explicit legal basis in Article 6ter of the Paris Convention, an international Treaty that dates back to 1883 and, among other things, also forms the basis for the international protection of trademarks. Its provisions have been incorporated into the TRIPS Agreements which forms part of the WTO. Hence, any member of the WTO is required to comply with these provisions.
I understand that it may be hard to follow all legal intricacies. You may wish to take a look at the WIPO Briefing Note which we had prepared in response to a request from ICANN. On pages 2-4 it contains a brief summary of the relevant legal issues, and on page 5 addresses the need for providing such protection in the DNS. The Note and attachments are available on ICANN's web site at http://www.icann.org/committees/JWGW2/WIPO2-note.pdf http://www.icann.org/committees/JWGW2/WIPO2-note-annexes.pdf
Both issues, i.e. the legal basis as well as the need for protection, have also be addressed in a letter from the UN Legal Advisers to ICANN which is posted at http://arbiter.wipo.int/processes/process2/letter.pdf
I hope that you will find this helpful. Please let me know if you have any further questions in this regard.
With best regards, Christian
Christian Wichard Deputy Director WIPO Arbitration and Mediation Center
-------------------------------------------------- The WIPO Arbitration and Mediation Center is an international provider of non-profit services for the out-of-court resolution of commercial disputes. The Center specializes in cases arising out of technology and intellectual property transactions, such as licensing, R&D and distribution agreements.
WIPO arbitration and mediation contract clauses: http://arbiter.wipo.int/arbitration/contract-clauses WIPO Internet domain name dispute resolution: http://arbiter.wipo.int/domains
participants (2)
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Bruce Tonkin -
Lucy.Nichols＠nokia.com