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[FYI] Die WIPO und das Welt-DNS-Recht
- To: debate@fitug.de
- Subject: [FYI] Die WIPO und das Welt-DNS-Recht
- From: Horns@t-online.de (Axel H. Horns)
- Date: Sat, 1 May 1999 11:21:06 +0100
- Comment: This message comes from the debate mailing list.
- Organization: Private Site
- Reply-to: horns@t-online.de
- Sender: owner-debate@fitug.de
http://wipo2.wipo.int/process/eng/final_report.html
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wipo final report
Final Report
of the
WIPO Internet Domain Name
Process
April 30, 1999
The Final Report will also
shortly be made available in
hard-cover as official WIPO
Publication No.
92-805-0779-6.
SUMMARY OF CONTENTS
Executive Summary
Paragraph
Numbers
1. The Internet, Domain Names and the WIPO Process 1 to 44
The Internet
The Domain Name System
The Transmutation of Domain Names
Intellectual Property
The Process for the Reorganization of the
Management of the
Domain Name System
The Interface Between the Domain Name System
and Intellectual
Property: The WIPO Process
The Mechanics of the WIPO Process
Guiding Principles in the Formulation of
Recommendations
in the WIPO Process
The Scope of the WIPO Recommendations: Their
Relevance
to ccTLDs
The Submission of the WIPO Report
2. Avoiding Disjunction Between Cyberspace and the
Rest of the World: Practices Designed to Minimize 45 to 128
Conflicts Arising out of Domain Name Registrations
Best Practices for Registration Authorities
Formal Domain Name Registration Agreement
Contact Details of Domain Name Holders
The Collection of Contact Details
Scope of Contact Details to be Provided
The Availability of Contact Details
The Possibility of a Non-Commercial
Use-Restricted Domain
Where Anonymity may be Permitted
Other Safeguards Against Misuse of Published
Contact Details
Requirement of Use
Payment of Registration
Re-Registration Fees
Waiting Periods
Searches Prior to Registration
Representations in the Domain Name
Registration
Agreement
Submission to Jurisdiction and to Alternative
Dispute
Resolution Procedures
Measures to Deal with Inaccurate and
Unreliable Information
Verification of Contact Details by the
Registrar
Requirement that Inaccurate and Unreliable
Contact Details
Constitute a Material Breach of the Domain
Name
Registration Agreement
Procedure for Cancellation of Registrations
where Contact Cannot be Established
The Problem of Uniqueness: Technical Measures
for Co-Existence
of Similar Names
3. Resolving Conflicts in a Multijurisdictional
World with a Global Medium: Uniform
Dispute-Resolution Procedures Court Litigation
Guiding Principles for the Design of the
Admnistrative
Dispute-Resolution Policy Mandatory
Administrative Procedure for Cancellation
Mandatory Admnistrative Procedure for
Cancellation
of Abusive Registrations
Mandatory Nature of the Procedure
The Scope of the Administrative Procedure
The Definition of Abusive Registration
("Cybersquatting")
Implementation of the Procedure
Procedural Rules
Remedies Available Under the Procedure
Expedited Procedure for Suspension of a
Domain Name
Consolidationg of Different Claims
Relationship with National Courts
Time Limitation for Bringing Claims
Length of Proceedings
Appointment of Decision-Maker
The Use of On-Line Facilities to Conduct the
Procedure
Enforcement and Publication of Determinations
Appeals
Costs
Dispute-Resolution Service Providers
The Availability of Voluntary Arbitration
The Role of Mediation
4. The Problem of Notoriety: Famous and Well-Known 245 to
Marks International Protection of Famous and 303
Well-Known Marks
The Implementation of Protection for Famous
and
Well-known Marks in Cyberspace
Mechanism for Exclusion of Famous and
Well-known Marks in Open gTLDS
Brief Description of the Mechanism for
Exclusion
Implementation of the Mechanism
Procedural Consideration
Relationship of Determinations to the Status
of Marks
Outside Cyberspace
Criteria for Making Determinations
Evidentiary Presumption Resulting from an
Exclusion
Other Forms of Eclusions
5. New Generic Top-Level Domains: Some
Considerations from the Perspective of 304 to
Intellectual Property 352
The Diversity of Views and the Diversity of
Perspectives
Illustrations of Problems Encountered by
Holders of
Intellectual Property Rights in Existing
gTLDs
Lack of Visibility of the Full Extent of
Problems
Focus on Clear Cases of Abuse
Predatory and Parasitical Practices
Need for Improvement in Registration
Practices
Resort to Defensive Practices
International Scope of Problems
Dissatisfaction with Current gTLD
Dispute-Resolution
Policies
Registration Practices and Procedures in
Country Code
Top-Level Domains
Conclusions, Suggestions and Reflections
Differentiation
The Impact of New Navigational Measures
* * * * * * *
Annexes
I. Panel of Experts Appointed by WIPO
II. List of Governments, Organizations and Persons
Submitting Formal Comments
III. Statistical Information Concerning
Participation in the WIPO Process
IV. Policy on Dispute Resolution for Abusive
Domain Name Registrations
V. Rules for Administrative Procedure Concerning
Abusive Domain Names Registrations
VI. Policy for Domain Name Exclusions
VII. Rules for Panel Procedure Concerning Domain
Name Exclusions
VIII. Application of Recommendations to ccTLDs
IX. Report on ccTLD Questionnaire and Responses
X. List of States Party to the Paris Convention
for the Protection of Industrial Property
XI. List of States Party to the World Trade
Organization (WTO) and Bound by the Agreement on
Trade-Related Aspects of Intellectual Property
Rights (TRIPS Agreement)
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See
http://wipo2.wipo.int/process/eng/final/FinalReport.html
http://wipo2.wipo.int/process/eng/final_word.html
http://wipo2.wipo.int/process/eng/final_rtf.html