RE: [council] More information on protection of names of International InterGovernmental Organisations (IGOs) from WIPO

[<Lucy.Nichols@xxxxxxxxx>]

Thanks to Bruce for  the link to the "Briefing Note" --I had intended on
summarizing the relevant portions of the note but professional time
constraints have kept me one step behind Bruce!  Accordingly, it may be
better to allow each councillor to review the entire "briefing note".

I am, of course, available to answer any questions that might arise
after a reading.

Regards,

Lucy

>-----Original Message-----
>From: owner-council@xxxxxxxxxxxxxx
[mailto:owner-council@xxxxxxxxxxxxxx] On
>Behalf Of ext Bruce Tonkin
>Sent: Thursday, April 06, 2006 9:29 AM
>To: GNSO Council
>Subject: [council] More information on protection of names of
International
>InterGovernmental Organisations (IGOs) from WIPO
>
>
>
>-----Original Message-----
>From: Christian Wichard
>Sent: Wednesday, 5 April 2006 7:56 PM
>To: Bruce Tonkin
>Subject: WIPO-2
>
>Dear Bruce,
>
>I read the transcript of the ICANN Public Forum last week and saw that
>you were unclear about the legal basis for the protection of names and
>acronyms of IGOs.  As Richard Hill mentioned in his intervention at the
>Forum, there is quite an explicit legal basis in Article 6ter of the
>Paris Convention, an international Treaty that dates back to 1883 and,
>among other things, also forms the basis for the international
>protection of trademarks. Its provisions have been incorporated into
the
>TRIPS Agreements which forms part of the WTO.  Hence, any member of the
>WTO is required to comply with these provisions.
>
>I understand that it may be hard to follow all legal intricacies.  You
>may wish to take a look at the WIPO Briefing Note which we had prepared
>in response to a request from ICANN.  On pages 2-4 it contains a brief
>summary of the relevant legal issues, and on page 5 addresses the need
>for providing such protection in the DNS.  The Note and attachments are
>available on ICANN's web site at
>http://www.icann.org/committees/JWGW2/WIPO2-note.pdf
>http://www.icann.org/committees/JWGW2/WIPO2-note-annexes.pdf
>
>Both issues, i.e. the legal basis as well as the need for protection,
>have also be addressed in a letter from the UN Legal Advisers to ICANN
>which is posted at
http://arbiter.wipo.int/processes/process2/letter.pdf
>
>
>I hope that you will find this helpful.  Please let me know if you have
>any further questions in this regard.
>
>With best regards,
>Christian
>
>
>
>Christian Wichard
>Deputy Director
>WIPO Arbitration and Mediation Center
>
>
>--------------------------------------------------
>The WIPO Arbitration and Mediation Center is an international provider
>of non-profit services for the out-of-court resolution of commercial
>disputes. The Center specializes in cases arising out of technology and
>intellectual property transactions, such as licensing, R&D and
>distribution agreements.
>
>WIPO arbitration and mediation contract clauses:
>http://arbiter.wipo.int/arbitration/contract-clauses
>WIPO Internet domain name dispute resolution:
>http://arbiter.wipo.int/domains
>
>
>