Comments

["Yolanda Busse, Oehen Mendes & Assoc." <ybom@xxxxxxxxxxxxxxx>]

As I had the opportunity to mention at the IP summit in Brussels, in our view 
the roll out of so many new domain names will prove very burdensome for 
companies and the community as a whole if they wish to protect their legitimate 
and prior IP rights.  It is already very problematic for undertakings and 
individuals to enforce their rights against domain name squatters and other 
infringers. 

 

Therefore, I suggest mechanisms/procedures be implemented whereby (analogous to 
the community Trade Mark or PCT patent in which several countries are 
designated with a single registration):

 

a)      holders of existing domain names or brands could register any number of 
TLD's with a single registration. The cost would have to be very much reduced 
to allow such a block registration to be financially feasible. 

b)      Mechanisms need to be in place to avoid abusive registrations and to 
verify actual use/right of alleged right holders; 

c)      an existing registration of all domain names/extensions would 
effectively block new domain names/extensions that are confusingly similar to 
existing domains by means of notification to the existing domain name holder 
allowing it a right of first refusal during a certain period (as opposed to a 
single sunrise period). Only if  it does not act on this right would the domain 
name become freely available;

d)      Joint action: in order to protect their rights, domain name and brands 
could file a single action or single submission for dispute resolution 
involving any number of tld extensions that infringe its prior rights, in stead 
of having to file separate actions in each case.

 

Obviously, we would be happy to assist in producing draft regulations for the 
above, if helpful!

 

Finally, I find it difficult to believe that so many tld's are really required 
at this juncture and perhaps the roll out should be much more gradual than 
foreseen.

 

Sincerely

 

Dara Jeffries

Advogada, partner

Yolanda Busse, Oehen Mendes & Assoc. 

ybom@xxxxxxxxxx