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[gnso-igo-ingo] Draft Initial Report for IGO/INGO PDP WG

  • To: "gnso-igo-ingo@xxxxxxxxx" <gnso-igo-ingo@xxxxxxxxx>
  • Subject: [gnso-igo-ingo] Draft Initial Report for IGO/INGO PDP WG
  • From: Jim Bikoff <jbikoff@xxxxxxxxx>
  • Date: Mon, 3 Jun 2013 23:26:13 +0000

Dear Colleagues,

Before our scheduled teleconference on Wednesday we would like to respond to 
certain comments relating to the IOC among the draft reports circulated within 
the group.

As we have repeatedly said in this Working Group and in the previous IOC/RCRC 
Drafting Team, the Nairobi Treaty, which protects the Olympic Rings symbol, is 
indicative of a determination, internationally, to protect the IOC. The 
protection of the Olympic names was left to the many countries that have 
enacted special legislative protection of those names.    These national 
statutes protecting the IOC in dozens of countries around the world are, 
collectively, international.

The GAC has recognized the unique protections afforded the Olympic names; ICANN 
counsel has verified multiple national statutes protecting the Olympic names; 
and the ICANN Board has provided  protection for the Olympic names in the 
Applicant Guidebook and the proposed final Registry Agreement.  Thus, the sound 
basis for protection of the Olympic names has been recognized repeatedly.

One of the national statutes, The Brazilian Olympic Act, Law No. 12.035/2009, 
was singled out for its inclusion of a sunset provision that goes into effect 
following the 2016 Olympic Games in Rio.  While the statute does indeed expire 
at the end of 2016,the Olympic flags, mottos, anthems, "Olympic Games", and 
"Olympiads" will receive continued protection  under what is known as the Pelé 
Law, Law No. 9.615/98.  The Pelé Law has no such sunset provision.

Jim Bikoff












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