Förderverein Informationstechnik und Gesellschaft

Die WIPO und das Welt-DNS-Recht

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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.


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

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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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