A Critique of WIPO's RFC 3

[Ulf Möller <3umoelle@informatik.uni-hamburg.de>]

----- Forwarded message from "A.Michael Froomkin" <amf@law.miami.edu> -----

> I have prepared a  "A Critique of WIPO's RFC 3" which
> is available from http://www.law.miami.edu/~amf .

> I argue that WIPO's RFC 3, which contains extensive proposals
> for the prevention and resolution of disputes regarding domain name
> registrations in .com, .org and .net, is seriously flawed in its current
> form.

> Although I am a member of the Panel of Experts that
> WIPO has established to advise it in this process,
> this document represents my personal views only,
> and the opinions expressed in it should not be attributed
> to WIPO or to any other member of the Experts Group.
>
> I'd like to suggest that people interested in the
> future of the Internet take a look at RFC 3,
> and also my comments. I would urge interested parties
> to make comments to WIPO before the deadline.
>
> Here's some relevant background information:
>
> The World Intellectual Property Organization is
> currently preparing recommendations that will go
> to ICANN regarding the harmonization of the Domain
> Name System (DNS) with the needs and desires of
> trademark-owners, and the holders of other intellectual
> property rights.  The report is accessible from WIPO's RFC 3 web page,
> http://wipo2.wipo.int/process/eng/rfc_3.html.
>
> Among the proposals contained in WIPO's Interim
> Report, RFC 3, are extensive mandatory alternate
> dispute procedures for all registrants in .com, .org, .net
> and any new open gTLD that could be invoked by any
> third party who felt that his intellectual property
> rights (a term that includes but is not limited to
> trademarks) were infringed in by the registration or
> use of the domain name.  The document also sets out
> extensive procedures for the protection of famous
> and well-known trademarks.
>
> WIPO has requested that public comment on this report
> be submitted by March 12, 1999.  Comments can be
> submitted by email to process@wipo2.wipo.int or via
>  web-form accessible from http://wipo2.wipo.int/process/eng/rfc_3.html
>
> [Please feel free to repost as appropriate until March 12, 1999.]
>
> --
> A. Michael Froomkin      WIPO-related matters: amf@law.miami.edu
> Professor of Law             "It's warm here"
> U. Miami School of Law ,  P.O. Box 248087
> Coral Gables, FL 33124,  USA
> +1 (305) 284-4285  |  +1 (305) 284-6506 (fax)  | http://www.law.tm
----- End forwarded message -----