Re: [gnso-iocrc-dt] RE: List of Languages for IOC & RC

["Shatan, Gregory S." <GShatan@xxxxxxxxxxxxx>]

The GAC pointed out both treaties and national laws. 
-------------------------- 
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From: Gomes, Chuck [mailto:cgomes@xxxxxxxxxxxx] 
Sent: Thursday, February 23, 2012 08:06 AM
To: Konstantinos Komaitis <k.komaitis@xxxxxxxxxxxx>; gnso-iocrc-dt@xxxxxxxxx 
<gnso-iocrc-dt@xxxxxxxxx> 
Subject: [gnso-iocrc-dt] RE: List of Languages for IOC & RC 
 


As I have shared in the past,  the major concern RySG members had about giving 
special protection to the IOC and RC names was the risk of setting unwarranted 
precedents  for other names.  The GAC did an excellent job of dealing with that 
concern by pointing out the unique status of the IOC and RC names in 
international treaties and thereby caused us to be supportive of the GAC 
recommendations.  Therefore, to the extent that we can tie our recommendations 
regarding protection for translations of the IOC and RC names to the same 
international treaties, I believe that we will be on much more solid ground and 
minimize the risk of us expanding the scope of the treaties.

 

Chuck

 

From: Konstantinos Komaitis [mailto:k.komaitis@xxxxxxxxxxxx] 
Sent: Thursday, February 23, 2012 5:09 AM
To: Gomes, Chuck; gnso-iocrc-dt@xxxxxxxxx
Subject: RE: List of Languages for IOC & RC

 

There are 50 contracting parties that have ratified the Nairobi Treaty on the 
protection of the Olympic mark 
(http://www.wipo.int/treaties/en/ShowResults.jsp?lang=en&treaty_id=22) – they 
are certainly not even close to the suggestion that the mark should be 
protected to something like 190 languages used on the Internet. This goes above 
and beyond the scope of the Nairobi Treaty which has been cited as the main 
justification for the special protection of the Olympic mark. If we extend this 
protection to so many language, this group is essentially expanding the scope 
of an international Treaty – we are creating a new legal framework and this is 
huge. 

 

But, I also understand the point Jeff made yesterday in the call that we don’t 
want applicants to spend money in applications that may be rejected (although I 
doubt that someone in Georgia or Albania would be applying for either of these 
names). But for the sake of the argument, I would suggest that ICANN provides 
as a matter of urgency a list of the languages that they consider the 
originally reserved names are to be protected and this list is then compared 
with the languages used by the 50 signatory states of the Nairobi Treaty. (And 
the same standard should apply for the Red Cross name).

 

Thanks

 

Konstantinos

 

Dr. Konstantinos Komaitis,

 

Senior Lecturer,

Director of Postgraduate Instructional Courses

Director of LLM Information Technology and Telecommunications Law

University of Strathclyde,

The Law School,

Graham Hills building, 

50 George Street, Glasgow G1 1BA 

UK

tel: +44 (0)141 548 4306

http://www.routledgemedia.com/books/The-Current-State-of-Domain-Name-Regulation-isbn9780415477765

Selected publications: http://hq.ssrn.com/submissions/MyPapers.cfm?partid=501038

Website: www.komaitis.org

 

From: owner-gnso-iocrc-dt@xxxxxxxxx [mailto:owner-gnso-iocrc-dt@xxxxxxxxx] On 
Behalf Of Gomes, Chuck
Sent: Πέμπτη, 23 Φεβρουαρίου 2012 12:59 πμ
To: gnso-iocrc-dt@xxxxxxxxx
Subject: [gnso-iocrc-dt] List of Languages for IOC & RC

 

With regard to the list of languages for the modified reserved names, it is my 
understanding that the basis for this special status is the unique status of 
the names in international law.  Does the applicable international law cover 
the translation of the names into all languages used on the Internet?  In other 
words, what exact names and in what exact languages are given the special 
status in international law?

 

Chuck 
 
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