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

Thu Jan 30 11:51:41 UTC 2014

Dear Hong,

Many thanks. I remember her commenting at the public forum and will also
try and search for it. If and when you do access the Report, grateful if
you could share it and I will also share the link if I find it.

Have a glorious Year of the Horse!!!

Best Wishes,
Sala

On Thu, Jan 30, 2014 at 10:23 PM, Hong Xue <hongxueipr at gmail.com> wrote:

> Dear Sala,
>
> 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.
>
> 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 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
> > one,
> >
> > 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,
> > Sala
> >
> >
> > On Thu, Jan 30, 2014 at 3:27 PM, parminder <parminder at itforchange.net
> > >wrote:
> >
> > > 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
> > those
> > > 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
> > saved
> > > 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
> > us
> > >> may recall stories about traditionals like "In the jungle ..." and
> > related
> > >> 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
> > and
> > >> more for unjustified or biased IP claims and thus undermining the
> Public
> > >> Domain! In Switzerland organizations I work with have observed and
> > queried
> > >> 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
> > Expressions
> > >>> through WIPO etc. To see the developments in WIPO and the Draft
> > Articles
> > >>> 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
> > as
> > >>> 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.
> > Ron
> > >>> 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
> > the
> > >>> 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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> > >>>
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> > >>>
> > >>>  EuroDIG Secretariat
> > >> http://www.eurodig.org/
> > >> mobile +41 79 204 83 87
> > >> Skype: Wolf-Ludwig
> > >>
> > >> EURALO - ICANN's Regional At-Large Organisation
> > >> http://euralo.org
> > >>
> > >> Profile on LinkedIn
> > >> http://ch.linkedin.com/in/wolfludwig
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