[At-Large] Traditional Cultural Expressions #ICANN #WIPO

Hong Xue hongxueipr at gmail.com
Thu Jan 30 07:32:04 UTC 2014


In the cases of AMAZON and PATAGONIA, it was primarily the relevant
governments' power over Geographic Names that prevails. It has
triggered forceful debates about whether GNs are really subject to
governmental power or sovereignty. Remember the research report presented
by the AU professors at Durban Public Forum? In addition, the government
did not really interfere these 2 GN applications, largely through GAC,
until the late stage, while the local user community had had filed many
protests and oppositions at the ICANN.

So I assume it would be a good idea, as Sala suggested, for ALAC/at-large
to research the "community right" over the traditional cultural expressions
in the NEXT round (if any) of new gTLD expansion program. It seems clear
that the so-called community objection procedure barely woks.

FYI, WIPO has been working on this issue for a decade and hopefully there
would be a breakthrough 2014 in the negotiation of the "draft
provisions/articles on protection of TCE and TK". I'm pretty sure that
protection of TCE in DNS has not yet been contemplated in the international
lawmaking. So the research could be timely and useful.

What do you think to proceed to do the research? Forming a working group or
it can be done through new gTLD WG?

Hong



Professor Dr. Hong Xue
Director of Beijing Normal University Institute for Internet Policy & Law
(IIPL)
Co-Director of UNCITRAL-BNU Joint Certificate Program on International
E-Commerce Law
http://www.iipl.org.cn/
19 Xin Jie Kou Wai Street
Beijing 100875 China


On Thu, Jan 30, 2014 at 12:59 PM, Seth M Reiss <seth.reiss at lex-ip.com>wrote:

> Yes.  And how does AMAZON and PATAGONIA fit in here?
>
> Seth
>
> -----Original Message-----
> From: at-large-bounces at atlarge-lists.icann.org
> [mailto:at-large-bounces at atlarge-lists.icann.org] On Behalf Of Satish Babu
> Sent: Wednesday, January 29, 2014 5:38 PM
> To: At-Large Worldwide
> Subject: Re: [At-Large] Traditional Cultural Expressions #ICANN #WIPO
>
> Dear Sala, Wolf and all
> I too agree on the need to ensure that cultural heritage remains in the
> public domain. It would be interesting to study this problem in greater
> depth and suggest to our communities how we could support them.
>
>
>
>
>
> satish
>
>
>
>
> On Thu, Jan 30, 2014 at 6:08 AM, Wolf Ludwig
> <wolf.ludwig at comunica-ch.net>wrote:
>
> > this is just to confirm that I entirely agree with your elaborations
> > and thoughts below on "how to protect traditional knowledge and
> > indigenous communities" from any usurpation by the right-holders
> > industry. Some of us may recall stories about traditionals like "In
> > the jungle ..." and related rights disputes -- see:
> > http://en.wikipedia.org/wiki/The_Lion_Sleeps_Tonight
> >
> >
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