IP: A Critique of WIPO's RFC 3

[Dave Farber <farber () cis upenn edu>]

Date: Fri, 19 Feb 1999 15:03:40 -0500 (EST)
From: "Michael Froomkin - U.Miami School of Law" <froomkin () law miami edu>
To: Dave Farber <farber () central cis upenn edu>
Subject: For IP re: A Critique of WIPO's RFC 3

I have prepared a  "A Critique of WIPO's RFC 3" which is available from
http://www.law.miami.edu/~amf .

I argue that WIPO's RFC 3, which contains extensive proposals for the
prevention and resolution of disputes regarding domain name registrations
in .com, .org and .net, is seriously flawed in its current form. Although
I am a member of the Panel of Experts that WIPO has established to advise
it in this process, this document represents my personal views only, and
the opinions expressed in it should not be attributed to WIPO or to any
other member of the Experts Group. 

I'd like to suggest that people interested in the future of the Internet
take a look at RFC 3, and also my comments. I would urge interested
parties to make comments to WIPO before the deadline.

Here's some relevant background information:

The World Intellectual Property Organization is currently preparing
recommendations that will go to ICANN regarding the harmonization of the
Domain Name System (DNS) with the needs and desires of trademark-owners,
and the holders of other intellectual property rights.  The report is
accessible from WIPO's RFC 3 web page,
http://wipo2.wipo.int/process/eng/rfc_3.html.

Among the proposals contained in WIPO's Interim Report, RFC 3 are
extensive mandatory alternate dispute procedures for all registrants in
.com, .org, .net and any new open gTLD that could be invoked by any third
party who felt that his intellectual property rights (a term that includes
but is not limited to trademarks) were infringed in by the registration or
use of the domain name.  The document also sets out extensive procedures
for the protection of famous and well-known trademarks.

WIPO has requested that public comment on this report be submitted by
March 12, 1999.  Comments can be submitted by email to
process () wipo2 wipo int or via a web-form accessible from
http://wipo2.wipo.int/process/eng/rfc_3.html

[Please feel free to repost as appropriate until March 12, 1999.]

A. Michael Froomkin   |    Professor of Law    |   froomkin () law tm
U. Miami School of Law, P.O. Box 248087, Coral Gables, FL 33124 USA
+1 (305) 284-4285  |  +1 (305) 284-6506 (fax)  |  http://www.law.tm
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