Does China Protect Domain Name Registrants' Rights Better than ICANN?
Date: Friday June 02 2006, @10:14AM
Topic: Uniform Dispute Resolution Policy (UDRP)

This is not exactly breaking news, but often it takes time for events in China to filter down to us Westerners. Back in mid-February, CNNIC, the Chinese national ccTLD registry, changed its dispute resolution policy for .cn names....in a way that strengthened the rights of registrants relative to challengers. China made three interesting changes....

First, a time limit was imposed on complaints. If you don't challenge a registration after two years, you can't use the dispute resolution policy, you have to go to the courts. Something similar was proposed by domain name rights advocates in the ICANN context several years ago and got nowhere.

Second, "bad faith" claims were narrowed. Evidence of an attempted sale of a domain name to third parties, or evidence obtained via anonymous approaches, will no longer be sufficient to establish bad faith.

Third, the new policy somewhat broadens a registrants' ability to rebut claims that it has no legitimate interests.

News of this came to me from Christopher To, writing in the newsletter of the Hong Kong International Arbitration Centre.

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Stating the obvious
by Garry Anderson on Saturday June 03 2006, @09:02AM (#16817)
User #4308 Info
First, a trademark violation might not start on site when it is first registered.

Just because the domain uses the same word or words as a registered mark - it does not mean there was infringement of trademark.

Indeed, most businesses share the same words e.g. take word 'apple' - in my local phone book alone, there are at least five using this word - two garages (seems not connected), a car centre, fruit growers and a decorating firm.

So you can see this UDRP business is mostly built on a load of B.S. by United Nations WIPO to enable their trademark holder customers to steal domains from those that legitimately bought them.

Second, selling of a domain is not necessarily "bad faith" - it is called living in a free market economy.

If you had domain apple.TLD - which you could legally use to sell most things over the internet (as long as not infringing apple trademark) - why shouldn't you be allowed to sell it to whom you want?

Also, why restrict selling to businesss who do not hold the trademark?

Third, why prevent people using any words for personal sites?

Everybody has legitimate rights to use ANY words for ANY legal purpose they wish - true or false?

To prove this - I use WIPO.org.uk to complain about these corrupt people that have biased self interest for their customers.

Free speech should not be prevented just because somebody dares use their name to complain.

Lois Boland, director of international relations for the U.S. Patent and Trademark Office has admitted WIPO are biased against things that are counter to the mission of WIPO, which is to promote intellectual-property rights.

The real truth is that infringement of a trademark is dependent upon the use of the domain and individuals that brought in rules to enable trademark overreach are crooks.

Garry Anderson - Haverhill UK - skilful.com [skilful.com] - WIPO.org.uk [wipo.org.uk]
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This article comes from ICANNWatch
http://www.icannwatch.org/

The URL for this story is:
http://www.icannwatch.org/article.pl?sid=06/06/02/1827251