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

Thu Jan 30 13:42:49 UTC 2014

Many thanks Vanda.

Yes, countries should have been monitoring their marks etc.

Hong, I think the lady who spoke in Durban at the Public Forum was probably Heather Forrest: Protection of Geographic Names in International Law and Domain Name System Policy (Information Law)

She was also probably trying to sell her book and I note that it's available on Amazon. Apparently she is listed as a member of ICANN's IP constituency.

Kind Regards,
Sala

Sent from my iPad

> On Jan 31, 2014, at 1:20 AM, Vanda Scartezini <vanda at uol.com.br> wrote:
> 
> First of all HAPPY NEW YEAR!!! To you and whole family!!
> Second I totally agree and remember Wipo discussion from long time.
> But  also, countries like mine, should have raised the hand many years
> ago when Amazon registered its trade mark in these same countries without
> any opposition. 
> Vanda Scartezini
> Polo Consultores Associados
> Av. Paulista 1159, cj 1004
> 01311-200- Sao Paulo, SP, Brazil
> Land Line: +55 11 3266.6253
> Mobile: + 55 11 98181.1464
> 
> 
> 
> 
> 
> 
> 
>> On 1/30/14, 5:32, "Hong Xue" <hongxueipr at gmail.com> wrote:
>> 
>> 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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