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

[Vanda Scartezini]

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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