Report from Workshop F
IFWP-Geneva, 25 July, 1998

Redrafted Notes from Final Geneva Session

Consensus Items

  1. New entity should cooperate with TLD registries to form databases of up-to-date registration and contact information for all SLDs. Rough consensus, with a single strong dissent.
  2. New entity should recognize that individuals and organizations have concurrent and legitimate rights in names that are not based in trademark. Consensus.
  3. The entity should encourage the rapid development of various trademark dispute resolution mechanisms. Rough consensus with a dissent.
  4. The entity itself does not resolve trademark / domain name disputes. Consensus.
  5. The trademark/domain names working group supports the creation of a names council and recommends additional discussion focused solely on its creation. Consensus.
  6. The group recommends the following processes for decision-making by the board: Councils may make recommendations to the board. The board will then have the authority to ratify/approve the recommendations. Consensus.

No Consensus

  1. Whether the entity may develop uniform dispute avoidance / resolution procedures for use by TLD registries.
  2. New entity should gather and disseminate general trend information regarding domain name trademark disputes +(involving cyber-pirates and trademark owners).

 

Items for Discussion

  1. What distinguishes cyber-pirates from legitimate domain name resellers? Should entity be involved in this kind of decision?
  2. Distinction between dispute policy and dispute resolution policy?
  3. WIPO process.
  4. Process exclusively limited to trademark issues, or to other issues also?
  5. Dispute avoidance.
  6. Data collection re registrants and registry history. (Done by entity? Mandated by entity? Some opposition to this. Done independently by registries?)
  7. Creation of additional gTLDs diminishes trademark infringement problem?
  8. Should there be a statement in founding document about taking trademark concerns into consideration (effect on consumers and trademark holders)? Some suggest: Consensus impossible on this matter.
  9. Internet is a new context in which traditional IP principles to be reexamined.
  10. No one nation’s laws should govern all domain name trademark disputes.
  11. Mandate uniform standards across TLDs re trademarks. Contested, no consensus.
  12. Consider WIPO recommendations.

The following was presented to the group by a representative from WIPO about their response to the White Paper’s call to convene discussions on dispute resolution proposals to go before the new entity:

WIPO Process

  1. Broadest possible participation: Geographic, sectoral diversity.
  2. All relevant information provided via Internet and physical means (regional consultation hearings).
  3. Convening panel of experts.
  4. Independent.
  5. Accelerated.

WIPO Goals

  1. Focus IP issues.
  2. International forum.
  3. Achieve consensus.
  4. Make recommendations to new organization.