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[FYI] Die WIPO und das Welt-DNS-Recht


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                                              wipo final report

                    Final Report
                       of the
             WIPO Internet Domain Name

                   April 30, 1999

             The Final Report will also
            shortly be made available in
            hard-cover as official WIPO
                  Publication No.

                SUMMARY OF CONTENTS

       Executive Summary


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
in the WIPO Process                                
The Scope of the WIPO Recommendations: Their
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               
Submission to Jurisdiction and to Alternative    
Resolution Procedures                            
Measures to Deal with Inaccurate and             
Unreliable Information                           
Verification of Contact Details by the            
Requirement that Inaccurate and Unreliable
Contact Details                                  
Constitute a Material Breach of the Domain        
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         
Dispute-Resolution Policy Mandatory
Administrative Procedure for Cancellation        
Mandatory Admnistrative Procedure for            
of Abusive Registrations                         
Mandatory Nature of the Procedure                 
The Scope of the Administrative Procedure        
The Definition of Abusive Registration            
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     
Enforcement and Publication of Determinations    

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      
Well-known Marks in Cyberspace                   
Mechanism for Exclusion of Famous and             
Well-known Marks in Open gTLDS
Brief Description of the Mechanism for           
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        
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      
Illustrations of Problems Encountered by
Holders of                                     
Intellectual Property Rights in Existing         
Lack of Visibility of the Full Extent of         
Focus on Clear Cases of Abuse                    
Predatory and Parasitical Practices              
Need for Improvement in Registration             
Resort to Defensive Practices                    
International Scope of Problems                   
Dissatisfaction with Current gTLD                 
Registration Practices and Procedures in          
Country Code
Top-Level Domains                                
Conclusions, Suggestions and Reflections          
The Impact of New Navigational Measures           

             * * * * * * *


       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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