17 December 2014
- Mary Wong
The next meeting of the new IGO-INGO Access to Curative Rights Protection Mechanisms Working Group is scheduled on Wednesday 17 December 2014 at 17:00 UTC 09:00 PST, 12:00 EST, 17:00 London, 18:00 CET
For other times: http://tinyurl.com/n69ssau
Adobe Connect WITH AUDIO enabled: https://icann.adobeconnect.com/crp/
Agenda:
- Roll Call/Updates to SOI
- Briefing on 2005 WIPO Secretariat Report on Article 6ter
- Continue brainstorming and general discussion on possible alternative basis for standing (other than trademarks) and on the sovereign immunity question (see the 2007 draft text from ICANN staff for an alternative dispute resolution process)
- Next steps
Documents for Review: Draft Text for IGO DRP & Rules - Sept 2007
MP3 Recording: http://audio.icann.org/gnso/gnso-igo-ingo-crp-access-20141217-en.mp3
Meeting Transcript: http://gnso.icann.org/en/meetings/transcript-igo-ingo-crp-access-17dec14-en.pdf
Attendees:
George Kirikos - Individual
Petter Rindforth – IPC
Phil Corwin – BC
Kristine Dorrain- Individual
Mason Cole – RySG
David Maher – RySG
Val Sherman - IPC
Osvaldo Novoa – ISPCP
Gary Campbell - GAC
Paul Tattersfiled – Individual
Jay Chapman – Individual
Jim Bikoff – IPC
Kathy Kleiman - NCUC
Apologies:
Lori Schulman - NPOC
ICANN staff:
Mary Wong
Amy Bivins
Steve Chan
Berry Cobb
Terri Agnew
Adobe Connect chat transcript for Wednesday, 17 December 2014:
Terri Agnew:Dear all, welcome to the IGO-INGO Curative Rights Protection PDP WG Meeting on the 17 December 2014
George Kirikos:Hi everyone. Happy Hanukkah to those celebrating the holiday.
George Kirikos:Woah, someone needs to mute. :-)
Philip Corwin:Thanks George
George Kirikos:Hey Phil. How are you doing?
Philip Corwin:Good
Gary Campbell:Hi everyone
Paul Tattersfield:Hi George, everyone
Jay Chapman:Hello, all!
George Kirikos:Hi Gary, Paul, and Jay.
val sherman:Hello everybody. And thanks George!
George Kirikos:Hi Val.
George Kirikos:It might be easier to refer to paragraph numbers, rather than the page number.
Terri Agnew:Welcome Kristine Dorrain
Mary Wong:@Phil, yes, the expansion to WTO member countries expands the Convention fairly substantially.
Osvaldo Novoa:Hello all, I had a problem with my audio
Terri Agnew:@Osvaldo, are you able to hear now?
Mary Wong:The extension to WTO member countries was effected by the WTO Agreements, specifically, the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS).
Osvaldo Novoa:@Terry, yes is fine now.. I think the problem was in my PC
George Kirikos:They have to communicate it.
George Kirikos:See paragraph 27, as Mary is discussing.
George Kirikos:Also paragraph 40.
Mary Wong:Yes, the 6ter protection is for use AS A TRADEMARK, and applies only against uses that suggest a connection with the IGO or that misleads the public into thinking there is such a connection.
Terri Agnew 2:Kathy Kleiman has joined
George Kirikos:Paragraph 47 is also important, as it reinforces the notion that enforcement is done at the *national* level, (and not some international tribunal). "the ultimate decision as to the nature of a requesting organization and its eligibility for the purposes of Article 6ter(1)(b) and (3)(b) remains with the ****States****
George Kirikos:(and when I see the word "states", I think ultimately that means the national courts within a state.
George Kirikos:Acttually, not correct, Kathy.
Mary Wong:@Kathy, unless the countries are also members of the Trademark Law treaty
George Kirikos:It does apply to service marks, elsewhere in the document.
George Kirikos:See para 32, though.
Mary Wong:So a country that's either a member of Paris or the WTO and the Trademark Law Treaty must apply 6ter to both goods and service marks, but a country that's not a member of the Trademark Law Treaty does NOT need to extend protection to service marks.
George Kirikos:Here's a list of who signed it.
George Kirikos:http://www.wipo.int/treaties/en/notifications/tlt/treaty_tlt_1.html
George Kirikos:Austria, Belarus, Belgium, Bosnia and Herzegovina, China, Côte d'Ivoire, Cuba, Czech Republic, Denmark, Dominican Republic, Hungary, Indonesia, Israel, Italy, Kenya, Latvia, Lithuania, Luxembourg, Malta, Mexico, Monaco, Portugal, Republic of Moldova, Russian Federation, Slovakia, Slovenia, South Africa, Swaziland, Switzerland, Togo, Trinidad and Tobago, Turkey, Ukraine, United Kingdom, United States of America, Uruguay, on October 28, 1994;
George Kirikos:Germany, on November 7, 1994; Greece, on November 14, 1994; Senegal, on November 18, 1994; Liechtenstein, on March 8, 1995; Spain, on March 29, 1995; France, on April 12, 1995; Poland, on May 10, 1995; European Communities, on June 30, 1995; Finland, on July 27, 1995; Sweden, on September 26, 1995; Morocco, on October 5, 1995; Gabon, on October 17, 1995; Costa Rica, on October 18, 1995; Netherlands, on October 23, 1995; Cyprus, on October 27, 1995.
Petter Rindforth:It is an old way of thinking - still identifying trademarks as only covering goods (Cl 1-34). ..
Mary Wong:@Petter, yes, and it's very likely that even countries that didn't sign up to the Trademark Law Treaty would have extended their national TM regimes to service marks regardless.
Petter Rindforth:I am not sure, but that can only be a handful countries/areas that not accept that there is something called service marks
Mary Wong:Note that it's possible that some IGOs may have requested communication of 6ter protection but only for their emblems (ie not names or acronyms) - so the numbers may not be entirely accurate to our purpose.
George Kirikos:NB: paragraph 60 mentions that the Article 6ter database "does not have any legal effect."
Mary Wong:@George, yes - protections are national by each member state.
George Kirikos:Agreed, Mary. I think that should mean enforcement should be left to national courts, rather than some international court.
Mary Wong:Unless there is a specific narrow procedure dealing JUST with domain names that are registered or used as TMs :) (not a staff position; just saying!)
Kathy K:Interesting - lots to think about
George Kirikos:I'd like to be in the queue, too.
Kathy K:Who's speaking?
Mary Wong:Jim Bikoff
George Kirikos:Jim Bikoff is speaking.
Paul Tattersfield:Even late January is a very quick turn round for most Governments
Petter Rindforth:And there will be a reminder sent out after new year?
Mary Wong:@Petter, yes :)
Petter Rindforth:Thanks - needed ;-)
Paul Tattersfield:@george standing yes not sure about the inference of referring back to a nation court
George Kirikos:I don't think they'd have any recourse if there was an objection in that country.
Kathy K:@Phil, I think you raise an important hypothetical
George Kirikos:(and those objections -- I'm not sure if they're saved in the WIPO Article 6ter online database.
Mary Wong:This was prepared for the GNSO Council as part of the Issue Report scoping.
George Kirikos:Bye everyone. Have a nice holiday.
Kathy K:Very useful review - tx you!
Kathy K:Happy Holidays, All!!!!
val sherman:This was very helpful Thanks Phil, George and Mary for breaking it down.
Osvaldo Novoa:Bye all, best wishes for these festivities
val sherman:happy holidays to all
Mary Wong:Happy holidays, all, and you're very welcome, Val!
Petter Rindforth:The same to you all!
Gary Campbell:Happy holidays all
Paul Tattersfield:Thanks Phil that was very helpful – happy holidays everyone