[ga] BC to promote DMCA-style rapid takedown procedures

[Danny Younger <dannyyounger@xxxxxxxxx>]

>From the BC members call 7 March 2007:

b) does the BC going forward want to consider input
for rights protection in other ways than costly
defensive registrations?

In discussion the following points were made:
?X	yes, defensive registrations are wasteful and
costly; both right owners and registries say they do
not want them
?X	a Council WG was looking at previous sunrise
systems and other rights protection mechanisms and may
come up with recommendations on best practice
?X	yes this issue is important and needs to be
addressed now
?X	a rapid takedown procedure is needed
?X	there is a need for a balanced system that is
proportional to harm
?X	the recent .eu and proposed .xxx rapid take down
system may be models to consider.


Danny's comment:  DMCA-style rapid takedown procedures
are unwarranted and constitute the creation of a new
set of rights for trademark holders that is not
supported by international or local laws.  

When we reviewed the WIPO II Recommendations we took
note of the fact that WIPO earnestly sought to avoid
the creation of new law -- see the WIPO Briefing Note:
The Second WIPO Internet Domain Name Process (at
footnotes 9 & 10)
http://www.icann.org/committees/JWGW2/WIPO2-note.pdf

ICANN should not be in the business of extending new
rights to trademark holders while registrants have yet
to gain the rights to which they are due.

I recall these words from the White Paper:  For
cyberspace to function as an effective commercial
market, businesses must have confidence that their
trademarks can be protected. On the other hand,
management of the Internet must respond to the needs
of the Internet community as a whole, and not
trademark owners exclusively.



 
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