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

[parminder]

On Thursday 30 January 2014 07:12 PM, Salanieta Tamanikaiwaimaro wrote:
> Many thanks Vanda.
>
> Yes, countries should have been monitoring their marks etc.

Why not civil society be doing it, on the presumption that civil society 
is there to safeguard public interest... What do they keep themselves 
busy with... parminder
>
> 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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