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FW: INTA Call to Action: Whois System

  • To: <whois-comments-2007@xxxxxxxxx>
  • Subject: FW: INTA Call to Action: Whois System
  • From: "David Tsai" <davtsai@xxxxxxxxxxxxxxxxxx>
  • Date: Wed, 24 Oct 2007 09:56:17 +0800

Dear Sirs


I am David Tsai, a partner of Vivien Chan & Co.  I agree to Motion 2 and
disagree with Motions 1 and 3 as mentioned in the email below.  It is
important to have the domain name stakeholder's identity disclosed to
the public in view of the large and increasing number of cybersquatting
worldwide.  Without the information, it creates unnecessary and
undesirable difficulties in tracking down cybersquatters.  On the other
hand, according to our experience, the rightful owner of a domain name
would not mind to have its identity disclosed, which will not only ease
its management of the domain name he holds, it allows the public to
acknowledge its ownership easily.  Domain names registration being a
kind of IP rights should not deviate from other IP right registration


Best regards, 

David Tsai 

Vivien Chan & Co.

Solicitors & Notaries

Greater China Lawyers

hong kong | beijing | shanghai


Hong Kong Office:

58/F, Two International Finance Centre

8 Finance Street

Central, Hong Kong

T: (852) 2533 2027

F: (852) 2845 9205

E: davtsai@xxxxxxxxxxxxxxxxxx <mailto:davtsai@xxxxxxxxxxxxxxxxxx> 

W: www.vcclawservices.com <http://www.vcclawservices.com/>  

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From: Claudio Di Gangi, INTA External Relations Manager, Internet &
Judiciary [mailto:communications@xxxxxxxx] 
Sent: Wednesday, October 24, 2007 5:46 AM
To: David Tsai
Subject: INTA Call to Action: Whois System


 International Trademark Association - Representing Trademark Owners

Dear Member,

As the complexity and size of the Internet grows, the International
Trademark Association (INTA) continues to support public policy that
promotes intellectual property as an element of international commerce
and fair trade.

Today, INTA would like to draw your attention to an Internet policy
development that concerns the open access to domain name ownership

ICANN, the Internet's rule-making and coordination authority, is
currently seeking feedback from Internet stakeholders and their
representatives on whether to change or eliminate the Whois database -
the online system that provides free public access to contact and
ownership details for all generic Top-Level Domain name registrations
(.com, .net, .info, .biz, .org, etc.). 

What is Whois? 
The Whois system is important for trademark owners because it is used
daily by law enforcement, businesses and consumers to manage domain
names, perform due diligence, protect intellectual property rights, and
locate and contact the true owners of problematic web sites. 

In many cases, free open access to domain name ownership information is
a prerequisite for taking swift legal action that can prevent Internet
fraud and other schemes that confuse and deceive the public in the
Internet marketplace.

What is ICANN doing with Whois? 
On October 31, 2007, ICANN's policy advisory body (the Generic Names
Supporting Organization (GNSO) Council) will vote on three motions that
will determine the future structure of the domain name and Whois system.

Motion 1 proposes a new 'Operational Point of Contact' (OPoC) - with
undefined legal responsibilities - to replace the current domain
registration contacts. The 'OPoC' proposal also limits the amount of
publicly displayed domain name ownership information - data which is
often used by consumers, law enforcement and Internet stakeholders to
manage, police and protect consumer and intellectual property rights on
the Internet.

Motion 2, advanced and supported by INTA's Internet Committee, proposes
that ICANN conduct an objective and comprehensive study on the
legitimate abuses and uses of Whois data - before making policy changes
that may permanently alter the structure of the domain name and Whois

Motion 3 proposes eliminating all contractual obligations which require
registrars to display domain name ownership and contact details,
effectively abolishing the entire Whois system for Generic-Top-Level
domain names.

How can I let ICANN know that Whois is important to the brand owners I
INTA urgently requests that you respond to ICANN by October 30, 2007
with your opinions on the Whois database and to support adoption of
Motion 2 by sending your comments to: whois-comments-2007@xxxxxxxxx

Certainly, specific information about how your company uses Whois and
why it is important would be useful to provide in your comment. But if
that is not possible, even a brief statement that you believe Whois is
important for consumers and business - and to help businesses protect
their consumers online - and that the GNSO Council should adopt Motion 2
and reject Motions 1 and 3 would be very helpful. The important thing is
to make your voice known, and that you do so in your own words.

Please keep in mind that you must respond to the confirming email you
will automatically receive from ICANN, otherwise, your comments may not
be posted.

Thank you. Should you have any questions or if you require further
assistance, please contact me at: +1-212-642-1720 or cdigangi@xxxxxxxx


Claudio Di Gangi 
External Relations Manager, Internet & Judiciary

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