Intellectual Property: Difference between revisions

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==ICANN and Intellectual Property==

Prior to the establishment of the [[ICANN|Internet Corporation for Assigned Names and Numbers]], President [[Bill Clinton]]'s Administration created a [[White Paper]], which contained the plans to be carried out by the U.S. government in order to create a new ~~internet~~ governing body to be responsible for improving the technical management of the Internet's names and addresses. One of the key elements discussed in the White Paper was to encourage the participation of the [[WIPO|World Intellectual Property Organization]] (WIPO) to help address issues on Intellectual Property rights, particularly the issue on how to resolve trademark or domain name conflicts.<ref>[https://www.ntia.doc.gov/federal-register-notice/1998/statement-policy-management-internet-names-and-addresses White Paper]</ref>

Prior to the establishment of the [[ICANN|Internet Corporation for Assigned Names and Numbers]], President [[Bill Clinton]]'s Administration created a [[White Paper]], which contained the plans to be carried out by the U.S. government in order to create a new Internet governing body to be responsible for improving the technical management of the Internet's names and addresses. One of the key elements discussed in the White Paper was to encourage the participation of the [[WIPO|World Intellectual Property Organization]] (WIPO) to help address issues on Intellectual Property rights, particularly the issue on how to resolve trademark or domain name conflicts.<ref>[https://www.ntia.doc.gov/federal-register-notice/1998/statement-policy-management-internet-names-and-addresses White Paper]</ref>

In 1999, WIPO submitted to ICANN its report on Internet Domain Name Process and made some recommendations on the following topics:<ref>[http://www.wipo.int/amc/en/processes/process1/report/index.html WIPO Report]</ref>

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The Uniform Domain Name Dispute Resolution Policy is a set of guidelines used by ICANN to resolve disputes regarding the registration of domain names, mainly between IP right holders and registrants, filed with one of the approved dispute-resolution service providers for the given policy. Adopted in 1999, it was complemented by the [https://www.icann.org/resources/pages/udrp-rules-2015-03-11-en Rules] and Supplemental Rules<ref>https://www.wipo.int/amc/en/domains/rules/supplemental/index.html</ref> through 2009<ref>https://www.wipo.int/amc/en/domains/gtld/udrp/</ref>. It is the first ICANN's consensus policy.<ref>https://www.icann.org/resources/pages/registrars/consensus-policies-en</ref>

Filing a complaint with the World Intellectual Property Organization ~~Alternative~~ (WIPO ADR is one of several available dispute resolution mechanisms.<ref>Mahler, ''Generic Top-Level Domains'', 193-194.</ref> Since November 29, 1999, ICANN has recognized the WIPO ADR as the primary dispute resolution service provider for Uniform Domain Name Dispute Resolution Policy (~~hereafter:~~ UDRP) cases.~~[2] In this instance~~, the ~~complaint was accepted by~~ the ~~WIPO ADR because '~~.~~com' is a generic top~~-~~level domain (gTLD), for which this centre provides dispute resolution services in accordance with the UDRP’s relevant requirements~~.~~[3] This means that the~~ WIPO ADR acknowledges and enforces this ~~'''~~specific TPR established by ICANN~~'''~~.~~[4]~~ The collaboration between ICANN and the WIPO ADR has proven to be highly effective in addressing bad-faith domain name registrations and cybersquatting.~~[5] WIPO ADR ruled that Zerbo is a cybersquatter under Art. 4 of the UDRP.[6] This TPR is binding upon Zerbo as a third party.[7]~~

Filing a complaint with the World Intellectual Property Organization Arbitration and Mediation Center (WIPO ADR) is one of several available dispute resolution mechanisms.<ref>Mahler, ''Generic Top-Level Domains'', 193-194.</ref> Since November 29, 1999, ICANN has recognized the WIPO ADR as the primary dispute resolution service provider for Uniform Domain Name Dispute Resolution Policy (UDRP) cases.<ref>ICANN, “Timeline for the Formulation and Implementation of the Uniform Domain-Name Dispute-Resolution Policy.” Date Published 28 February, 2002, <nowiki>https://www.icann.org/resources/pages/schedule-2012-02-25-en</nowiki>. </ref> The WIPO ADR acknowledges and enforces this specific Transnational Private Regulation (TPR) established by ICANN.<ref>Cafaggi, “Transnational Private Regulation,” 12.</ref> The collaboration between ICANN and the WIPO ADR has proven to be highly effective in addressing bad-faith domain name registrations and cybersquatting.<ref>Christie, “The ICANN Domain-Name Dispute Resolution System as a Model for Resolving other Intellectual Property Disputes on the Internet”, 109.</ref>

~~----[1] Mahler, ''Generic Top-Level Domains'', 193-194.~~

~~[2] ICANN, “Timeline for the Formulation and Implementation of the Uniform Domain-Name Dispute-Resolution Policy”; WIPO, “WIPO Conference”.~~

~~[3] Microsoft, D2005-0644, para. 3; WIPO, “WIPO Caseload Summary”.~~

~~[4] Cafaggi, “Transnational Private Regulation,” 12.~~

~~[5]~~ Christie, “The ICANN Domain-Name Dispute Resolution System as a Model for Resolving other Intellectual Property Disputes on the Internet”, 109.

~~[6] ICANN, “Uniform Domain-Name Dispute-Resolution Policy”; Microsoft, D2005-0644, paras. 6-7.~~

~~[7] De Castro, “Recent Trends in WIPO Arbitration and Mediation.”~~

===Trademark Clearinghouse===

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 ==ICANN and Intellectual Property==
-Prior to the establishment of the [[ICANN|Internet Corporation for Assigned Names and Numbers]], President [[Bill Clinton]]'s Administration created a [[White Paper]], which contained the plans to be carried out by the U.S. government in order to create a new internet governing body to be responsible for improving the technical management of the Internet's names and addresses. One of the key elements discussed in the White Paper was to encourage the participation of the [[WIPO|World Intellectual Property Organization]] (WIPO) to help address issues on Intellectual Property rights, particularly the issue on how to resolve trademark or domain name conflicts.<ref>[https://www.ntia.doc.gov/federal-register-notice/1998/statement-policy-management-internet-names-and-addresses White Paper]</ref>
+Prior to the establishment of the [[ICANN|Internet Corporation for Assigned Names and Numbers]], President [[Bill Clinton]]'s Administration created a [[White Paper]], which contained the plans to be carried out by the U.S. government in order to create a new Internet governing body to be responsible for improving the technical management of the Internet's names and addresses. One of the key elements discussed in the White Paper was to encourage the participation of the [[WIPO|World Intellectual Property Organization]] (WIPO) to help address issues on Intellectual Property rights, particularly the issue on how to resolve trademark or domain name conflicts.<ref>[https://www.ntia.doc.gov/federal-register-notice/1998/statement-policy-management-internet-names-and-addresses White Paper]</ref>
 In 1999, WIPO submitted to ICANN its report on Internet Domain Name Process and made some recommendations on the following topics:<ref>[http://www.wipo.int/amc/en/processes/process1/report/index.html WIPO Report]</ref>
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 The Uniform Domain Name Dispute Resolution Policy is a set of guidelines used by ICANN to resolve disputes regarding the registration of domain names, mainly between IP right holders and registrants, filed with one of the approved dispute-resolution service providers for the given policy. Adopted in 1999, it was complemented by the [https://www.icann.org/resources/pages/udrp-rules-2015-03-11-en Rules] and Supplemental Rules<ref>https://www.wipo.int/amc/en/domains/rules/supplemental/index.html</ref> through 2009<ref>https://www.wipo.int/amc/en/domains/gtld/udrp/</ref>. It is the first ICANN's consensus policy.<ref>https://www.icann.org/resources/pages/registrars/consensus-policies-en</ref>
-Filing a complaint with the World Intellectual Property Organization Alternative (WIPO ADR is one of several available dispute resolution mechanisms.<ref>Mahler, ''Generic Top-Level Domains'', 193-194.</ref> Since November 29, 1999, ICANN has recognized the WIPO ADR as the primary dispute resolution service provider for Uniform Domain Name Dispute Resolution Policy (hereafter: UDRP) cases.[2] In this instance, the complaint was accepted by the WIPO ADR because '.com' is a generic top-level domain (gTLD), for which this centre provides dispute resolution services in accordance with the UDRP’s relevant requirements.[3] This means that the WIPO ADR acknowledges and enforces this '''specific TPR established by ICANN'''.[4] The collaboration between ICANN and the WIPO ADR has proven to be highly effective in addressing bad-faith domain name registrations and cybersquatting.[5] WIPO ADR ruled that Zerbo is a cybersquatter under Art. 4 of the UDRP.[6] This TPR is binding upon Zerbo as a third party.[7]
+Filing a complaint with the World Intellectual Property Organization Arbitration and Mediation Center (WIPO ADR) is one of several available dispute resolution mechanisms.<ref>Mahler, ''Generic Top-Level Domains'', 193-194.</ref> Since November 29, 1999, ICANN has recognized the WIPO ADR as the primary dispute resolution service provider for Uniform Domain Name Dispute Resolution Policy (UDRP) cases.<ref>ICANN, “Timeline for the Formulation and Implementation of the Uniform Domain-Name Dispute-Resolution Policy.” Date Published 28 February, 2002, <nowiki>https://www.icann.org/resources/pages/schedule-2012-02-25-en</nowiki>. </ref> The WIPO ADR acknowledges and enforces this specific Transnational Private Regulation (TPR) established by ICANN.<ref>Cafaggi, “Transnational Private Regulation,” 12.</ref> The collaboration between ICANN and the WIPO ADR has proven to be highly effective in addressing bad-faith domain name registrations and cybersquatting.<ref>Christie, “The ICANN Domain-Name Dispute Resolution System as a Model for Resolving other Intellectual Property Disputes on the Internet”, 109.</ref>
-----[1] Mahler, ''Generic Top-Level Domains'', 193-194.
-[2] ICANN, “Timeline for the Formulation and Implementation of the Uniform Domain-Name Dispute-Resolution Policy”; WIPO, “WIPO Conference”.
-[3] Microsoft, D2005-0644, para. 3; WIPO, “WIPO Caseload Summary”.
-[4] Cafaggi, “Transnational Private Regulation,” 12.
-[5] Christie, “The ICANN Domain-Name Dispute Resolution System as a Model for Resolving other Intellectual Property Disputes on the Internet”, 109.
-[6] ICANN, “Uniform Domain-Name Dispute-Resolution Policy”; Microsoft, D2005-0644, paras. 6-7.
-[7] De Castro, “Recent Trends in WIPO Arbitration and Mediation.”
 ===Trademark Clearinghouse===