[At-Large] Traditional Cultural Expressions #ICANN #WIPO
hongxueipr at gmail.com
Thu Jan 30 10:23:45 UTC 2014
I don't have the link at the moment, except the vague memory of her oral
presentation at the public forum. The research might be a commissioned
work. No idea if it is in public.
But if alac is going to do a comprehensive review of this round of new gtld
process, the tce would be a topic in it.
Professor Dr. Hong Xue
Director of Beijing Normal University Institute for Internet Policy & Law
Co-Director of UNCITRAL-BNU Joint Certificate Program on International
19 Xin Jie Kou Wai Street
Beijing 100875 China
On Thu, Jan 30, 2014 at 4:13 PM, Salanieta T. Tamanikaiwaimaro <
salanieta.tamanikaiwaimaro at gmail.com> wrote:
> Hi Hong, Parminder and Others,
> Hong - I remember hearing an Academic speak on the matter but was not sure
> where they are from. I would be grateful if you could share the link to the
> report if it is available and only if you have it as I am interested in
> reading it.
> Parminder - there will always be many things to improve within ICANN where
> global public interest is concerned and we need to navigate through the
> system. The At Large for sometime has been raising objections but there are
> mechanisms that we need to work through.
> On the issue of AMAZON and PANTAGONIA there are some additional
> considerations that also have ambit outside of ICANN. That is where
> organisations may have applied for Intellectual Property rights over names
> such as these. That would add the additional conflict and barrier. Which is
> why when we and if we decide that we would like to commission a study in
> this area, how we frame the questions will also be critical.
> It is also important that we identify whether there is a distinction
> between TCEs and Geographical names. The conservative view will say that
> the two are separate and distinct and the liberal view would see them as
> At some stage care should be taken to identify how the proprietary rights
> should be prioritize etc.
> For those who might have missed it the current Draft Articles in WIPO on
> TCEs were shared in the first email on this discussion thread in terms of
> the URL or link.
> Kind Regards,
> On Thu, Jan 30, 2014 at 3:27 PM, parminder <parminder at itforchange.net
> > Friends
> > But did not all the good bottom up participatory processes of ICANN,
> > conducted over several years, did nothing to prevent the name of 'Amazon'
> > to be almost taken by a private company as its private property, till
> > bad governments intervened and saved it. A governance paradigm based on
> > private contracts (market ideology based governance) cannot safeguard
> > public interest. ICANN as constituted now simply does not understand the
> > canons of public governance. For instance, I would never understand what
> > kind of logic is it to say that a generic word like 'book' cannot be
> > from e-proprietisation because one cannot see a community (the english
> > speaking community?) behind it. It is almost funny.... One can of course
> > refuse to see anything that one does not want to see... Again it is those
> > bad governments that put 'closed generic gtlds' on hold... New gtlds was
> > the single most important policy decision for ICANN in a very long time,
> > and it simply failed to understand, much less affirm, public interest in
> > this important regard. To me, this means, ICANN processes are simply not
> > working. in matters of wider public interest. I am happy to be persuaded
> > otherwise.
> > .. parminder
> > On Thursday 30 January 2014 06:08 AM, Wolf Ludwig wrote:
> >> Dear Sala and all,
> >> 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 usurption by the right-holders industry. Some of
> >> may recall stories about traditionals like "In the jungle ..." and
> >> rights disputes -- see:
> >> http://en.wikipedia.org/wiki/The_Lion_Sleeps_Tonight
> >> And our At-Large community could be an advocate for such a cultural
> >> heritage being kept in the public domain. According to my (personal)
> >> observations, right holders and their legions of IP lawyers, collecting
> >> societies etc. ab/use the Berne Convention (you mentioned below) more
> >> more for unjustified or biased IP claims and thus undermining the Public
> >> Domain! In Switzerland organizations I work with have observed and
> >> several of such cases where right holders or collecting societies are
> >> systematically pursuing particular (monetary) interests by harming any
> >> public interests or cultural heritages ...
> >> Just another field to closely observe and follow up in the public
> >> interest!
> >> Thanks and regards,
> >> Wolf
> >> Salanieta T. Tamanikaiwaimaro wrote Thu, 30 Jan 2014 09:17:
> >>> Dear All,
> >>> Some of you may remember the *ALAC statement on Community Priority
> >>> Evaluation Guidelines* that was unanimously passed. There are certain
> >>> developments within on moves to protect Traditional Cultural
> >>> through WIPO etc. To see the developments in WIPO and the Draft
> >>> in
> >>> this area, in English, Spanish, French and Russian, visit:
> >>> http://www.wipo.int/meetings/en/doc_details.jsp?doc_id=245543
> >>> As you can imagine, the At Large community has many people who have an
> >>> interest in this space either from community based concerns in the
> >>> protection of such expressions etc.
> >>> A little known fact is that Vanda Scartazeni used to head and manage
> >>> Brazil's equivalent of the United States Trademark and Patent Office
> >>> (USPTO). There are others in the At Large community who have been
> >>> involved
> >>> in various Intellectual Property linked matters such as Hong and Seth
> >>> etc.
> >>> Instead of always being reactionary to public policy debates and
> >>> dialogue,
> >>> it is critical that issues such as Traditional Cultural Expressions and
> >>> protections in the wake of lack of appropriate mechanisms be protected
> >>> captured within the spirit of the Statement of the ALAC.
> >>> Strategies should be deployed within At Large on how to best protect
> >>> them. Care
> >>> should be taken to protect "traditional knowledge" and "indigenous
> >>> communities" that may not have the technological savvy to navigate the
> >>> systems effectively.
> >>> For example, should Louis Vuitton decide to apply for .maasai and
> where a
> >>> Maasai Elder is in the process of protecting their traditional name.
> >>> Layton of Light Years IP argues that the Maasai brand is worth
> >>> $10million.
> >>> See: http://www.bbc.co.uk/news/magazine-22617001
> >>> Intellectual Property and Traditional cultural expressions have been
> >>> subject of global discussions as early as 1967 when there was an
> >>> amendment
> >>> to the *Berne Convention for the Protection of Artistic and Literary
> >>> Works*for the protection of unpublished and anonymous works.
> >>> Best Regards,
> >>> Sala
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