Comments of the European Organization for Nuclear Research (CERN)

[Jonathan Drakeford <jonathan.drakeford@xxxxxxx>]

The European Organization for Nuclear Research (CERN) would like to thank the 
IGO-INGO Access to Curative Rights Protection Mechanisms Policy Development 
Process Working Group for its initial report and for the extended opportunity 
in which to provide comments.

Firstly, CERN is of the opinion, similarly expressed in the comments of WIPO, 
OECD, IAEA and others, that the protection of the interests of IGOs in the 
Domain Name System will always be best met by excluding the registration of 
their names and acronyms protected under Article 6ter of the Paris Convention 
for Industrial Property by unauthorised third parties at the first and second 
level.

As highlighted by the IAEA and the World Bank, IGOs are entrusted by their 
Member States to perform important public functions in line with their 
particular mandates. Thus, any form of protective mechanism other than a 
preventative one raises a real risk of IGOs’ limited public funds having to be 
diverted away from delivery of such functions, contrary to the wider public 
interest. IGOs should be focused on delivering their mandates to the fullest 
extent possible and not face the distraction and expense of having to defend 
their online identities and reputations from avoidable abuses of their names 
and acronyms within the DNS.

Nonetheless, recognising that the approach of the Working Group is curative 
rather than preventative, CERN wishes to state its full support for the 
comments and opinions on the recommendations as expressed by the other IGO 
respondents, in particular the OECD, WIPO, IAEA and the World Bank.

CERN especially rejects the viability of the Working Group’s proposed 
assignment strategy as a means for IGOs to defend their rights in their Article 
6ter names and acronyms, both from an IP and an immunities perspective.

CERN would advise the Working Group to look again at IGOs’ own dispute 
resolution practices which, through the negotiation of arbitration clauses in 
agreements with third parties, seek to take due account of their particular 
international status.

In CERN’s view, providing for an IGO-specific dispute resolution mechanism that 
provides for appeal through arbitration would be an approach that fairly and 
responsibly preserves the rights of all stakeholders in the process.

Dr. Eva-Maria Gröniger-Voss
Legal Counsel
European Organization for Nuclear Research (CERN)