Comments on Trademark Protection (IRT Final Report)

http://forum.icann.org/lists/irt-final-report/msg00138.html

Date: Mon, 6 Jul 2009 11:35:47 +0800

We strongly concern the IP Clearinghouse and Globally Protected Marks List. Trademarks have always been protected and enforced by national law, which is not changed by any relevant international conventions, particularly Paris Convention or WTO TRIPS Agreement, let alone that not every country or territory is the members of these conventions. ICANN, in its limited technical coordination role as declared in its mission, has absolutely no authority to create any international or even global law to change the territorial nature of trademark rights. What is recommended by IRT is to set up a private ordering through ICANN DNS governance to create a de facto global enforcement for trademarks, irrespective of legal limits of trademark protection. We do believe if ICANN go ahead with this line, it will be an obvious mission creep of ICANN.

We assume that URS would become an unnecessary additional layer of UDRP. Another concern over URS is that its rapidness, which will inevitably deprive a TLD string without even full trial of the whole facts. This approach was even abandoned when drafting UDRP.

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