Latest On Gtld Protection

WIPO sent the IPKat this letter yesterday:

WIPO Recommends Uniform Mechanism to Regulate Domain NameRegistrations amongst introduction of New gTLDs

The World Intellectual Property Organization (WIPO) has recommended the introduction of a uniform intellectual belongings (IP) protection machinery designed to farther curb unauthorized registration of domain names inwards all novel generic Top-Level Domains (gTLDs). This came inwards a written report past times WIPO’s Arbitration together with Mediation Center (WIPO Center) on the IP implications of introducing additional generic Top-Level Domains (new gTLDs). The report, "New Generic Top-Level Domains: Intellectual Property Considerations", which is available at http://arbiter.wipo.int/domains/reports/newgtld-ip, said that such a preventive machinery would complement the curative relief provided past times the existing Uniform Domain Name Dispute Resolution Policy (UDRP).

Introducing New gTLDs

The written report is based on WIPO’s sense inwards the expanse of IP protection inwards the domain refer organization (DNS). "The introduction of a novel gTLD presents item challenges for IP owners seeking to protect their domain names against unauthorized registration past times 3rd parties. With the growth of Internet usage together with electronic commerce, the strategic importance of domain names every bit describe concern identifiers has grown significantly," said Mr. Francis Gurry, WIPO Deputy Director General who oversees the piece of job of the Center. Mr. Gurry said that registering their entire trademark portfolio may oftentimes live on the but means for IP owners to protect their identifiers from existence "grabbed" past times cybersquatters. "If domain names are randomly attributed inwards newly opened gTLDs, IP owners volition live on forced to compete amongst cybersquatters for their ain trademarks – unless additional safeguards are introduced," he added. "Our novel written report makes practical recommendations for addressing such issues."

Francis Gurry

New gTLD Strategy

WIPO’s written report has been prepared inwards answer to a asking made past times the Internet Corporation for Assigned Names together with Numbers (ICANN), the establishment that oversees the surgery of the DNS. Following the introduction of 7 novel gTLDs inwards 2000 (.aero, .biz, .coop, .info, .museum, .name, .pro), ICANN is developing a comprehensive strategy for farther expansion of the DNS. The written report provides input into that strategy from an IP together with dispute resolution perspective.

WIPO Domain Name Experience

WIPO’s recommendations made inwards the context of the First WIPO Internet Domain Name Process inwards 1999 led to the adoption of the UDRP – a quick together with terms effective physical care for for the independent resolution of disputes that arise from the abusive registration of trademarks every bit domain names. Under the UDRP, a complainant must demonstrate that the disputed domain refer is identical or confusingly similar to its trademark, that the respondent does non receive got a right or legitimate involvement inwards the domain refer together with that the respondent registered together with used the domain refer inwards bad faith. The WIPO Center was the get-go UDRP service provider to live on accredited inwards Dec 1999 together with has since administered over 7,500 cases nether this policy alone. The WIPO Center has every bit good been involved inwards the implementation of for certain trademark protection mechanisms developed past times novel gTLD operators, together with has handled to a greater extent than than 15,000 dispute resolution procedures nether such mechanisms.

Need for Preventive Measures

WIPO’s written report focuses alone on the IP aspects that involve to live on taken into describe concern human relationship if together with when such extensions of the domain refer infinite convey place, together with does non comment on whether farther extensions are necessary or desirable. The written report summarizes the WIPO Center’s UDRP experience, together with notes that WIPO’s UDRP illustration filing charge per unit of measurement has remained stable over the concluding years together with lately fifty-fifty increased. An additional machinery to preclude unauthorized registration of domain names during the critical introductory stage of a novel gTLD would, therefore, strengthen the mightiness to fight the however widespread exercise of cybersquatting.

Continued Attraction of .com

WIPO’s UDRP sense every bit good shows that the get-go extension of the DNS inwards 2000 has non caused pregnant shifts inwards cybersquatting or enforcement patterns. UDRP disputes drib dead along to concentrate heavily inwards the .com domain. Indeed, this tendency has larn fifty-fifty to a greater extent than pronounced since the introduction of the 7 novel gTLDs. While this may partly live on explained past times the availability of the start-up IP protection mechanisms adopted past times .biz together with .info, it to a greater extent than probable indicates that .com continues to live on the virtually attractive domain for trademark owners every bit good every bit for cybersquatters.

WIPO’s New gTLD Experience

The written report summarizes the WIPO Center’s sense inwards implementing diverse IP protection mechanisms developed past times a number of novel gTLDs together with provides a comparative evaluation of existing approaches (watch services, defensive registrations, exclusion mechanisms, together with pre-registration mechanisms). It notes a tendency amid TLDs towards sunrise mechanisms, i.e. the possibility for IP owners to register their identifiers earlier the full general public. Experience shows that the involve for IP protection mechanisms is virtually tangible inwards opened upwardly gTLDs, which are non dependent patch to clearly defined together with policed registration restrictions, together with which receive got domain refer applications from the full general public. The fewer restrictions together with prior verification requirements associated amongst the registration process, the greater the gamble of abusive registrations.

Best Practices

The written report confirms the involve for effective IP protection mechanisms to preclude novel gTLDs from turning into cybersquatting havens together with recommends that mechanisms should: live on effective together with minimize the potential for abuse; convey describe concern human relationship of rights together with interests of 3rd parties; together with live on practicable together with straightforward inwards company to avoid undue delays inwards the introduction or surgery of novel gTLDs.

A Uniform IP Protection Mechanism

In conclusion, the written report recommends implementing a unmarried uniform preventive IP protection machinery across all novel gTLDs. Specifically, novel gTLDs would live on required to offering IP owners the pick of registering their protected identifiers during a specified catamenia earlier opening registration to the full general public. In sponsored or restricted gTLDs where IP owners may non live on eligible to register domain names, IP owners could instead live on given the pick of obtaining defensive registrations during this initial period. Such a uniform machinery would receive got a number of advantages:

* Operators of novel gTLDs would non live on required to prepare their ain IP protection mechanisms, a trouble for which they are non necessarily equipped;

* ICANN would non live on required to monitor the right implementation of multiple protection mechanisms applied past times unlike gTLDs (now that ICANN’s experimental "proof of concept" stage on novel gTLDs has been concluded);

* IP owners would non live on required to devote pregnant resources to agreement together with using multiple unlike IP protection mechanisms; and

* The full general populace would do goodness from enhanced reliability together with credibility of domains.

Further data is available from the Media Relations together with Public Affairs Section at (+ 41 22) 338 81 61, Fax: (+41 22) 338 82 80, E-mail: publicinf@wipo.int.

welcomes the Report's conclusions but wonders whether they weren't blindingly obvious. What do goodness would e'er live on reaped past times having non-uniform IP protection mechanisms, except past times villains?