Q41: Does the start up of a
new TLD pose additional risks to intellectual property rights that warrant additional
protections?
Yes.Q42: Should the protections afforded intellectual property
in the start-up phase of new TLDs differ depending on the type of TLD?
Yes.
Q43:
Is the availability of the UDRP and court proceedings as remedies for violations
of enforceable legal rights an appropriate element of protection of intellectual-property
rights that should apply to all new TLDs? Are there any other protections that should
be made available in all new TLDs, regardless of their type?
Yes - the UDRP must
apply to all new TLDs. A form of pre-registration protection is required.
Q44:
Does the start up of a new TLD pose difficulties for those other than intellectual
property owners that should be addressed through special procedures?
Yes - piracy
and fraud affect consumers - they are the real victims.
Q45: What mechanisms for
start up of a new TLD should be followed to ensure that all persons receive a fair
chance to obtain registrations?
A continued stream of charters will solve the
land rush problem.
Q46: Is exclusion of names appearing on a globally famous trademark
list a workable method of protecting such marks from infringement at the present
time? Would an exclusion mechanism be approprate in the future?
A list is problematic.
A mechanism is needed.
Q47: Should introduction of new TLDs await completion of
an evaluation of the operation of the UDRP and be subject to a finding that the UDRP
has been successful in meeting its objectives? How long would such an evaluation
likely take to complete?
Yes - it should take 4 weeks at most! The volume to evaluate
is manageable.
Q48: Should introduction of new TLDs await extension of the UDRP
to cover claims for transfer of domain names based on the relevance of a well-known
trademark to a chartered gTLD? How long would implementing such a revision to the
UDRP likely take?
Yes. Proposed wording for this is being discussed now (June
2000). It could be in place by October 2000.