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Username: AIM
Date/Time: Tue, June 20, 2000 at 1:40 PM GMT
Browser: Microsoft Internet Explorer V4.01 using Windows 98
Score: 5
Subject: The questions  - set 8

Message:
 

 
       
      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.

 


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