=?windows-1252?q?comentarios_p=FAblicos_en_Infor = =?windows-1252?q?me_de_ITR=Á =
cristiancasas at hotmail.com
cristiancasas at hotmail.com
Tue Jul 7 15:35:46 CDT 2009
[[--Translated text (es -> en)--]]
Subject: =?windows-1252?q?comentarios_p=FAblicos_en_Infor = =?windows-1252?q?me_de_ITR=Á =
From: cristiancasas at hotmail.com
It gave the printing me that the attached archives did not appear in the list of public discussion, by such reason shipment my opinions to commentaries public in > Report for ITR:
One is due to put to defense to that, of good faith, a dominion registers that collides with a mark, since kind the amount of existingmarks, is probable that this situation of in more than an occasion
In these cases it has been discussed if commercial use of the mark exists, being solved that in principle the fact to register a dominion name, to per, is not in the commercial use of the name, although can be in a dilution form of the mark. Anyway the jurisprudence is not uniform since in the Intermatic.com case it was solved that the fact to register a dominion soon to try to commercialize constituted it "use in the commerce" and therefore "infringement" was one tipificada by the Law of Marks. An express declaration is due to do about the "use in the commerce", like in the cases if the dominions will be use object or single they keep for the sale the holder from the mark.
In case the dominion is registered but not used, it is to say that there is not pagina Web lodged in the direction at issue, evidently will not be possible to be judged the services that will distinguish. In this case hóminis could establecese a presumption that the registry of the dominion has been carried out of bad faith, is to say for its later commercialization to the holder of the mark.
The same if the case of a holder occurs who registers great amounts ofdominions without an industrial activity or commercial he makes specific and that cannot justify its procedure.
Anyway we understand that Argentine justice will incline to establish that the registry of a dominion is to per a commercial act and therefore can give rise to the marcaria infraction. Anyway, even though the registry is not a transaction commercial, if the same one is carried out of bad faith, is evident that he would be of application mentioned art. 24 ("knew or had to know the existence the mark), art. 6 to ter of the Agreement of Paris (marks of the agent) orto go to art. 953 of the Civil.(fuente Code of study: The REGISTRY OF DOMINIONS OF Internet IN ARGENTINA(DOS QUESTIONS About the REGISTRY OFDOMINIONS OF Internet ACCORDING TO the VISION OF the JURISPRUDENCE ARGENTINA.)Autores:Gabriel Martinez Medrano, Lawyer and Masters in Right and Economy of the New Technologies, National University of Sea of the Silver and Masters in Industrial and Intellectual Property by the University of Alicante (España).Gabriela Soucasse. Lawyer and Agent of the Industrial Property (Argentina!
). Masters in Industrial and Intellectual Property by the University of Alicante (Spain).
I believe that to request to him to a ONG to validate the existence ofa mark once to the year he is expensive, troublesome and bureaucratic.
The Center of intellectual property would have to make available of the operators in a minimum registry or without cost some. The operating conditions, specially in relation to the rates, would have to be clarified. The center of the intellectual property must be designed to diminish Costos.-Coincido and this one commentary of the citizenship seemed to me very intersante: "... Center of the intellectual property - ICANN nonpaper. ICANN the participation is notnecessary in the period of Clearinghouse investigation, that can be created and be financed by the holders of marks, the national offices of intellectual property or even the private sector. Mandate of the ICANN can be that the data provided by the operators of the registry to the public to gratuitous price of cost or to allow that the deprived sector to create the solution. G. Kirikos (6 of May of 2009).He would not be more appropriate for the ICANN like a technical coordination agency to postpone the authority and the!
control of the intellectual Property to a more suitable center and qualified international organization? This could also increase the potential that the use of the center of the intellectual property is approved inampler international. Palage M. (11 of May of 2009IP Clearinghouse - paper of ICANN in doubt. Why it would have to be the center of contracted by ICANN? What possibilities there are of the legal responsibility from the ICANN, and the costs associated for the defense that? Which is the global impact in the resources of the ICANNand the budget? They really fit within the ICANN mandate of the technical coordination? Is created another monopoly of the ICANN to manage? Why they are not going away to privatize and subjects to the competition already the forces of the market (he is really useful, effective, etc)? If the ICANN established initially through supplies of center or otherwise, it must only have a not deprived temporary character in order that the center becom!
es totally independent and in more than two years. GoDaddy (6 !
of May o
f 2009)
CRISTIAN CASASCETIC-AJB
> From: lac-discuss-it is -request at atlarge-lists.icann.org > Subject: Summary of lac-discuss-is, Vol 11, Shipment 4 > To: lac-discuss-es at atlarge-lists.icann.org > Date: Tue, 7 Jul 2009 12:00:16 -0500 > > Envi'e the messages for the list lac-discuss-is a > lac-discuss-es at atlarge-lists.icann.org > > to subscribe themselves or to annul its subscription throughthe WEB > http://atlarge-lists.icann.org/mailman/listinfo/lac-discuss-es_atlarge-lists.icann.org > > > Or by electronic mail, sending a message with the text "help" in > the subject (subject) or in body a: > lac-discuss-is -request at atlarge-lists.icann.org > > Can contact with the person in charge of list writing a: > lac-discuss-is -owner at atlarge-lists.icann.org > > If it responds to some content of this message, please, publishes > line of the subject (subject) so that the text is but I specify that: > "Re: Contents of lac-discuss-is digest... ". In addition, please, itincludes > in the answer only those parts of th!
e message to which it is > responding. > > > Subjects of the day: > > 1. Re: Today Term (English) (admin at ttcsweb.org) > > > > > Message: 1 > Date: Tue, 7 Jul 2009 05:40:31 -0700 > From: admin at ttcsweb.org > Subject: Re: Today Term (English) > To: lac-discuss-es at atlarge-lists.icann.org > Message-ID: <200907071240.n67CeVYF031312 at mm2.icann.org> > > > [ [ - - Translated text (in - > is)--]] > > > Subject: Re: Today Term (English) > Of: admin at ttcsweb.org > > the common declaration on the report of IRT of ALAC and NCUC: > https://st.icann.org/gnso-liaison/index.cgi?joint_statement_on_the_irt_report_from_alac_and_ncuc > > Revealing T > > the Seat of Andres wrote: > > wanted everything, is today the term to present/display commentaries public in > Report of ITR. This one is the connection: > http://www.icann.org/en/public-comment/#irt-report > > you can remember that ALAC has been very active in Sydney (and before) on this, where this document !
was done: https://st.icann.org/alac-docs/index.cgi?statement_o!
f_the_al
ac_on_the_irt_s_final_report_al_alac_st_0609_1> > in fact, in the forum, the Cheryl (ALAC chair) and robin heavy public (NCUC chair) provided to a declaration together > > I consider interesting of the proporcionadopor advice certain Carlos Aguirre (it has been insisting on this from the meeting of Paris, when new GTLD were announced), that you will find in the commentaries in the connection which I fixed above. Personally and something of a legal perspective, I consider east advice as an alternative important to avoid legal conflicts > > during this week we provide to! > certain feedback deSydney and we will work with the agenda > > Hot Respect, > > Seat of Andrés > Chair of LACRALO > > _________________________________________________________________ > stay updated in its PC, the Web, and its teléfonomóvil with alive Windows > http://clk.atdmt.com/MRT/go/119462413/direct/01/ > _______________________________________________ &!
gt; list that sends lacquer-discuss-lac-discuss-in > lac-discuss-en at atlarge-lists.icann.org > http://atlarge-lists.icann.org/mailman/listinfo/lac-discuss-en_atlarge-lists.icann.org > > _______________________________________________ > > > > > [ [ - - Original text (in) > http://mm2.icann.org/transbot_archive/cëde4bc35.html > --]] > > > > > > > > _______________________________________________ > lac-discuss-is mailing list > lac-discuss-es at atlarge-lists.icann.org > http://atlarge-lists.icann.org/mailman/listinfo/lac-discuss-es_atlarge-lists.icann.org > > > Aim of Summary of lac-discuss-is, Vol 11, Shipment 4 > *************************************************
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