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Comments by Chinese Domain Name Users Alliance

  • To: irt-final-report@xxxxxxxxx
  • Subject: Comments by Chinese Domain Name Users Alliance
  • From: Hong Xue <hongxueipr@xxxxxxxxx>
  • Date: Mon, 6 Jul 2009 11:35:47 +0800

We strongly concerns the IP Clearinghouse and Globally Protected Marks List.
Trademarks have always been protected and enforced by national law, which is
not changed by any relevant international conventions, particularly Paris
Convention or WTO TRIPS Agreement, let alone that not every country or
territory is the members of these conventions. ICANN, in its limited
technical coordination role as declared in its mission, has absolutely no
authority to create any international or even global law to change the
territorial nature of trademark rights. What is recommended by IRT is to set
up a private ordering through ICANN DNS governance to create a de facto
global enforcement for trademarks, irrespective of legal limits of trademark
protection. We do believe if ICANN go ahead with this line, it will be an
obvious mission creep of ICANN.

We assume that URS would become an unnecessary additional layer of UDRP.
Another concern over URS is that its rapidness, which will inevitably
deprive a TLD string without even full trial of the whole facts. This
approach was even abandoned when drafting UDRP.

Dr. Hong Xue
Chiar of Council
Chinese Domain Name Users Alliance

Hong Xue, Ph.D.
Professor of Law
Director of Institute for the Internet Policy & Law
Beijing Normal University
19 Xin Jie Kou Wai Street
Beijing 100875 China

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