The World Intellectual Property Organisation (WIPO) has
recommended changes to the rules on dealing with misuse of certain
names and identifiers in the internet domain name system. In a new
report, WIPO says that the international legal framework for the
protection of certain names and identifiers is not yet as fully
developed as may be the case with trade marks.
It calls upon the international community to decide whether to
address these insufficiencies and establish a complete legal basis
for dealing with offensive on-line practices in connection with the
naming systems.
WIPO’s current Uniform Dispute Resolution Policy (UDRP) has been
applied, since December 1999, in resolving thousands of conflicts
relating to cybersquatting on the internet.
A group including representatives of the governments of the EU,
the US and Australia, has called for a review of the rules.
In response, WIPO’s new study addresses the abusive domain name
registrations of:
- International Non-proprietary Names (INNs) for pharmaceutical
substances;
- names and acronyms of international intergovernmental
organisations (IGOs);
- personal names;
- geographical identifiers, notably, indications of geographical
source used on goods, geographical indications and other
geographical terms;
- trade names.
WIPO’s report recommends the following:-
- INNs: a simple mechanism should be established to protect
against identical domain name registrations. This administrative
system would operate when any interested party notified WIPO that a
domain name registration is identical to an INN. WIPO, in
conjunction with the World Health Organisation, would verify this
fact and notify ICANN and, in turn, the applicable registrar, that
the domain name registration should be cancelled.
- IGOs: states, as the constituent members of IGOs, should work
towards establishing an administrative dispute-resolution
procedure, similar to the UDRP.
- Personal names (in particular, names of individuals who are
targets of abusive registration because they are distinguished or
famous): the international community needs to decide whether to
work towards some means of protection for personal names in the
domain name space.
- Geographical indications: WIPO states that the international
framework in this area needs to be further advanced before an
adequate solution is available in the domain name space.
- Trade names: It is not recommended that action be taken in the
area because, although international norms exist for their
protection, fundamental problems remain in identifying what can be
protected as a “trade name” across different countries and, as with
geographical indications, complex choices would need to be made on
applicable law in a global medium.
The recommendations contained within the report will now be
presented to WIPO member states and the internet community,
including the ICANN.
