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    Governments Disagree On GI Protection At TLD Level

    Published on 1 August 2013 @ 4:10 pm

    By for Intellectual Property Watch

    Governments met recently to try to decide: Should special protection be provided online for geographical indications, in addition to trademark rights, geographical names and names of international organisations?

    Governments gathered at the 14-18 July Internet Corporation for Assigned Names and Number (ICANN) 47 meeting in Durban, South Africa were unable to agree on how to proceed in that regard, with a battle developing between the European Union and the United States and Australia.

    US and Australian representatives warned that European wine industry associations, namely the European Federation of Origin Wines (EFOW), used an ICANN Government Advisory Committee (GAC) recommendation to the ICANN Board to block the application process for .vin and .wine. The protection of geographical indications is still under discussion internationally, the US representative said, adding that she is concerned the US wine producing industry might be discriminated against.

    Portfolio provider Donuts (which has applied for 307 new TLDs and will start auctioning some next week) is seeking the allocation of .wine and .vin. It confirmed ongoing talks with “relevant GAC members” in its written reaction [pdf] to the GAC statement. Two other applicants are Famous Four Media Limited/dot Wine Limited and registry Afilias (both only for .wine).

    ICANN currently is processing around 1,300 applications for new generic top-level domains (gTLDs), such as .book, .swiss or .bmw, through a complicated, multi-layered process.

    Fierce discussions ensued, during which US and Australian representatives requested the removal of .vin and .wine from the GAC list, asking that their applications proceed to the next step in the application process. As the GAC in Durban could not agree how to proceed, another deadline for mid-August was set to allow work to continue among GAC members, internally and with the applicants. What will happen is no solution is found in mid-August is unclear.

    With no consensus advice to further block the applications, they would just be dealt with under the existing ICANN new gTLD applicant guidebook. That has, according to the US, Australia and the three different applicants themselves, “enough safeguards” for IP protection.

    While governments seemed unable to agree on consensus advice, contrary to the case of geographic names like .amazon, the EFOW announced it would call on its members to boycott both future .wine and .vin TLDs and not register them if they were not awarded the safeguards they wanted.

    EFOW said that the Trademark Clearing House (TMCH) set up by ICANN is not enough to protect their intellectual property rights.

    Governments at ICANN in the past were able to agree on stern protection of trademark rights in the new TLD procedure, but the protection of geographical indications is an unresolved issue in ongoing international negotiations.

    Monika Ermert may be reached at info@ip-watch.ch.

     

    Comments

    1. Governments Disagree On Geographical Indication Protection At TLD Level – Intellectual Property Watch | Legal Planet says:

      [...] Continue reading here: CLICK HERE TO READ THE ARTICLE [...]


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    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website. By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website.

    By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    1. You agree that you are fully responsible for the content that you post. You will not knowingly post content that violates the copyright, trademark, patent or other intellectual property right of any third party or which you know is under a confidentiality obligation preventing its publication and that you will request removal of the same should you discover that you have violated this provision. Likewise, you may not post content that is libelous, defamatory, obscene, abusive, that violates a third party's right to privacy, that otherwise violates any applicable local, state, national or international law, that amounts to spamming or that is otherwise inappropriate. You may not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification. Epithets and other language intended to intimidate or to incite violence are also prohibited. Furthermore, you may not impersonate others.

    2. You understand and agree that Intellectual Property Watch is not responsible for any content posted by you or third parties. You further understand that IP Watch does not monitor the content posted. Nevertheless, IP Watch may monitor the any user-generated content as it chooses and reserves the right to remove, edit or otherwise alter content that it deems inappropriate for any reason whatever without consent nor notice. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on our site. IP Watch is not in any manner endorsing the content of the discussion forums and cannot and will not vouch for its reliability or otherwise accept liability for it.

    3. By submitting any contribution to IP Watch, you warrant that your contribution is your own original work and that you have the right to make it available to IP Watch for all purposes and you agree to indemnify IP Watch, its directors, employees and agents against all damages, legal fees and others expenses that may be incurred by IP Watch as a result of your breach of warranty or of these terms.

    4. You further agree not to publish any personal information about yourself or anyone else (for example telephone number or home address). If you add a comment to a blog, be aware that your email address will be apparent.

    5. IP Watch will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise): loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.

    6. You understand and agree that the discussion forums are to be used only for non-commercial purposes. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity in our discussion forums.

    7. You acknowledge and agree that you use and/or rely on any information obtained through the discussion forums at your own risk.

    8. For any content that you post, you hereby grant to IP Watch the royalty-free, irrevocable, perpetual, exclusive and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, world-wide and to incorporate it in other works, in any form, media or technology now known or later developed.

    9. These terms and your posts and contributions shall be governed and interpreted in accordance with the laws of Switzerland (without giving effect to conflict of laws principles thereof) and any dispute exclusively settled by the Courts of the Canton of Geneva.

     

     
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