Request for comment: Proposed Review of gTLD Rights Protection Mechanisms - Swiss Comments

[<Jorge.Cancio@xxxxxxxxxxxxxx>]

Dear ICANN staff,

Please find hereunder the Swiss comments to this request for comments:

==

RPMs are of great importance in the light of the growing presence of Internet 
and its related intellectual property issues.  Therefore, we are pleased to 
note the works of ICANN in this field and its intent to improve the whole 
system. With regard to this report, we have the following few comments:


1)      As to the options for work to be initiated by the GNSO in respect of 
reviewing the RPMs which are mentioned on page 6 and 7, we support the third 
option. Thus, for efficiency purposes, the review should be conducted in two 
phases. The first phase should focus exclusively on the RPM's developed 
specifically for the New gTLDs, and the subsequent phase on the UDRP.



2)      We firmly support a broader goal for a global review of the RPMs: 
violations of trademarks constitute only one aspect of many issues related to 
intellectual property and Internet. Focusing on trademarks is too narrow. A 
global review should address the global dimension of this issue. Concretely, we 
kindly request that ICANN examine the protection of country names and 
geographical indications, and generally of indications of source, within the 
RPMs as part of the mandate. In addition, business identifiers and acronyms of 
international organizations should also be adequately addressed. These issues 
should be fully taken into account and mentioned especially in chapter 2.2.1 
and in the list of potential issues for review in a PDP (chap. 3.2.2.3, incl. 
every single topic of it, namely 3.2.2.3.1, 3.2.2.3.2, 3.2.2.3.3, 3.2.2.3.4, 
3.2.2.3.5, 3.2.2.3.6).



3)      An additional question should be integrated to chap. 3.2.2.3.6 
reflecting the perspective of owners of protected signs: "In the light of 
concrete cases (case law) and from the perspective of owners of protected signs 
and of marks, which are the identified deficits of the RPMs"



4)      We also believe that the mandate should consider the complex tension 
between trans-jurisdictional issues and national law.



5)      Finally, the PDP Working Group should be composed adequately and in a 
balanced manner. Especially, owners of protected signs and marks as e.g. 
trademark owners, IGOs, GI-related organizations, consumer organizations should 
be represented.

==

Thanks and
Best regards

Jorge Cancio
GAC Rep. Switzerland



Jorge Cancio

International Relations
Federal Department of the Environment,
Transport, Energy and Communications DETEC
Federal Office of Communications OFCOM
Zukunftstrasse 44, CH 2501 Biel
Tel. +41 58 460 54 58 (direct)
Tel. +41 32 327 55 11 (office)
Fax +41 58 460 54 66
mailto: 
jorge.cancio@xxxxxxxxxxxxxx<mailto:mailto:%20jorge.cancio@xxxxxxxxxxxxxx>
www.bakom.admin.ch<http://www.bakom.admin.ch/>