Re: [npoc-voice] European Proposed Regulations with regard to Domain Names and Trade Marks

[Olévié Kouami <olivierkouami@xxxxxxxxx>]

Hi !
+1 @Sam.
Thank you so much for sharing this with us Sam.
Please, go ahead ! I definitively support.
-Olévié-



2015-01-09 0:04 GMT+00:00 Sam Lanfranco <lanfran@xxxxxxxx>:

>  Dear NPOC members,
>
> Last month as Chair of the NPOC Policy Committee I kicked off a discussion
> of proposed European Community regulations with regard to trademarks and
> domain names that, if enacted, would open a Pandora's Box of problems with
> regard, in particular, to domain name use in the Not-for-Profit and Civil
> Society sectors. After some consultation and dialogue I have drafted an
> NPOC position which is attached. Time is short since the European trilogue
> is likely to start shortly and we want the members of that trilogue to have
> time to digest what we have to say.
>
> The attached draft version document will go to about ten relevant
> individual members of the European Parliament and representatives from
> European countries who will be engaged in the European Parliament's
> trilogue process involved in the "Proposal for a Directive of the European
> Parliament and of the Council to approximate the laws of the Member States
> relating to trade marks".  The trilogue process is very opaque informal
> tripartite process attended by representatives of the European Parliament,
> the European Council and the European Commission in which representatives
> of the EU's three main institutions try to forge compromises on
> often-clashing positions. Here is a link to help understand it:
> https://euobserver.com/investigations/123555
>
> The NPOC submission is concerned with one particular part of the Council
> of the European Union "Proposal for a Directive of the European Parliament
> and of the Council to approximate the laws of the Member States relating to
> trade marks". The proposal wording, reproduced below, can be found on page
> 35 of the document at:
> http://data.consilium.europa.eu/doc/document/ST-11827-2014-INIT/en/pdf:
>
> Section 3: Rights conferred and limitations; Article 10: Rights conferred
> by a trade mark; Item 3: reads:
>
>
> *    "The following, in particular, may be prohibited under paragraph 2;
> [page 35]: (d) using the sign as a trade or company name, or as a domain
> name, or as a part thereof;" *
> NPOC recommends deleting "*as a part thereof" *from the proposed
> regulations. Note: The Intellectual Property constituency and others are
> also submitting comments to the some members of the trilogue process.
>
> This wording risks opening a Pandora's Box of problems, including scope
> for predatory litigation, with regard to otherwise quite proper domain
> names. As well, it is an unnecessary regulation since domain name trademark
> violations are adequately covered under other normal trademark protections.
>
>
> Sam Lanfranco, Chair, NPOC Policy Committee.
>
>


-- 
Olévié Ayaovi Agbenyo KOUAMI
Responsable du Projet CERGI Education
Directeur-Adjoint de KT Technologies Informatiques sarl
SG de ESTETIC  - Association Togolaise des professionnels des TIC (
http://www.estetic.tg)
ICANN-NPOC Communications Committee Chair (http://www.icann.org/ et
http://www.npoc.org/)
Membre du FOSSFA (www.fossfa.net) et Membre de de Internet Society (
www.isoc.org)
BP : 851 - Tél.: (228) 90 98 86 50 / (228) 98 43 27 72
Skype : olevie1 FB : @olivier.kouami.3 Twitter : #oleviek Lomé - Togo