IP: FTAA treaty to mandate use of ICANN UDRP]]

[David Farber <dave () farber net>]

> Subject: [Ecommerce] FTAA proposals on domain names
> Date: Tue, 3 Jul 2001 14:57:26 -0400 (EDT)
> From: Robert Weissman <rob () essential org>
> To: <ecommerce () essential org>
>
> The intellectual property section of the Free Trade Area of the Americas
> (FTAA) contains proposals that would obligate countries by law to rely
> on
> ICANN for domain name dispute resolution. The just released text of the
> FTAA is available at:
>
> http://www.ftaa-alca.org/ftaadraft/eng/draft_e.doc
>
> The relevant text follows below, from the trademark section. This is all
> still subject to negotiation.
>
> Article XX. [Domain names on the Internet
>
> 1. Parties shall participate in the Government Advisory Committee (GAC)
> of
> the Internet Corporation for Assigned Names and Numbers (ICANN) to
> promote
> appropriate country code Top Level Domain (ccTLD) administration and
> delegation practices and appropriate contractual relationships for the
> administration of the ccTLDs in the Hemisphere.
>
> 2. Parties shall have their domestic Network Information Centers (NICs)
> participate in the ICANN Uniform Dispute Resolution Procedure (UDRP) to
> address the problem of cyber-piracy of trademarks.]
>
> Article XX. [Cancellation and transfer of domain name
>
> In the event that a well known distinctive sign has been inappropriately
> registered in the country of the Party, as part of a domain name or
> electronic mail address of an unauthorized third party, on request by
> the
> owner or legitimate rightholder of that sign, the competent authority
> shall consider the matter and, where appropriate, shall order
> cancellation
> or amendment of the registration of such domain name or electronic mail
> address, in accordance with the respective national law, provided that
> use
> thereof would be liable to have one of the following effects:
>
> 1. Risk confusion or association with the owner or legitimate
> rightholder
> of the sign, or with his or her establishments, activities, products or
> services;
>
> 2. Cause unfair economic or commercial injury to the owner or lawful
> rightholder of the sign, arising from a dilution of its distinctive
> force
> or commercial or publicity value;
>
> 3. Make unfair use of the prestige of the sign, or of the good name of
> its
> owner or lawful rightholder.
>
> The action of cancellation or amendment shall prescribe, for a period of
> five (5) years from the date on which the disputed domain name or
> electronic mail address was registered, or from the date on which
> electronic media, whichever period expires later, except where the
> registration was made in bad faith, in which case the action shall not
> be
> prescribed. This action shall not affect any other action that might be
> available with respect to injuries and damages under common law.]



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