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

Plamena Popova plam.popova at gmail.com
Thu Jan 30 14:37:04 UTC 2014


Dear Sala and all,

I totally support such a study to be performed. The need of TCE/related
public domain' interests to be strongly protected is an important issue on
which the communities should be advised.

Best, Plamena


2014-01-30 Salanieta Tamanikaiwaimaro <salanieta.tamanikaiwaimaro at gmail.com>
:

> 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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