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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