Wipo, the World Intellectual Property Organisation, is proposing
comprehensive recommendations to prevent future abuse of the
Internet name registration process.
The proposals would strengthen Wipo's existing dispute resolution
procedures, which were designed to eradicate cyber-squatting.
The key to the success of the process, however, is the rapid
development of international law regarding trade names, the
registration of personal names and geographical indications.
In a statement, Wipo said: "The international legal framework for
protection in the domain name system is not yet fully developed.
The international community [should] decide whether to address
these insufficiencies and establish a complete legal basis for
dealing with offensive online practices in connection with the
naming systems concerned."
Wipo's detailed proposals include:
- International Non-proprietary Names (INNs) for pharmaceuticals:
These are unique and distinctive names of pharmaceutical
substances, selected by the World Health Organisation (WHO) as
generic names free from private rights.
Wipo suggests that it should be notified when a domain name
registration is identical to an INN. It would then verify this with
the WHO and alert the Internet Corporation for Assigned Names and
Numbers (Icann), the non-profit corporation that allocates Internet
Protocol address space. Finally, it would contact the applicable
registrar, who would cancel the registration.
- Names and acronyms of international intergovernmental
organisations: These should be protected against use and
registration as trademarks. Wipo has proposed a similar system for
cyber-squatters, allowing international organisations to lodge
complaints and spark hearings leading to deregistration.
- Personal names: Some names qualify as trademarks when linked
with the sale of goods and services, said Wipo, but it warned:
"There are no existing international norms dealing with protection
of personal names per se that can simply be reflected" in Internet
law.
- Geographical identifiers: There is no internationally agreed
list of geographical indications, for example, "Champagne". Until
there is, regulation will be most unlikely. Meanwhile, a decision
is needed over whether to stop the registration of names of
countries, communities and nations by people unconnected with them,
Wipo stated.
- Trade names: No legal harmony exists on the protection of the
names of business, as opposed to their trademarked goods and
services. Until there is, no action should be taken over domain
names, said Wipo, because of the "complex choices" that would be
required.