Domain Names -- Critique of WIPO RFC 3

["Michael Froomkin - Public Interest Representative, WIPO Panel of Experts" <amf@law.miami.edu>]

I have prepared a document entitled "A Critique of WIPO's RFC 3" which is
available from http://www.law.miami.edu/~amf . =20

I argue that WIPO's RFC 3, which contains extensive proposals for the
prevention and resolution of disputes regarding domain name registrations
in .com, .org and .net, is seriously flawed in its current form. Although
I am a member of the Panel of Experts=94 that WIPO has established to advis=
e
it in this process, this document represents my personal views only,
and the opinions expressed in it should not be attributed to WIPO or to
any other member of the Experts Group.

I'=92d like to suggest that people interested in the future of the Internet
take a look at RFC 3, and also my comments. I would urge interested
parties to make comments to WIPO before the deadline.

Here's some relevant background information:

The World Intellectual Property Organization is currently preparing
recommendations that will go to ICANN regarding the harmonization of the
Domain Name System (DNS) with the needs and desires of trademark-owners,
and the holders of other intellectual property rights.  The report is
accessible from WIPO'=92s RFC 3 web page,
http://wipo2.wipo.int/process/eng/rfc_3.html.=20

Among the proposals contained in WIPO=92s Interim Report, RFC 3 are
extensive mandatory alternate dispute procedures for all registrants in
=2Ecom, .org, .net and any new open gTLD that could be invoked by any
third party who felt that his intellectual property rights (a term that
includes but is not limited to trademarks) were infringed in by the
registration or use of the domain name.  The document also sets out
extensive procedures for the protection of famous and well-known
trademarks.

WIPO has requested that public comment on this report be submitted by
March 12, 1999.  Comments can be submitted by email to
process@wipo2.wipo.int or via a web-form accessible from
http://wipo2.wipo.int/process/eng/rfc_3.html

[Please feel free to repost as appropriate until March 12, 1999.]

[Cross-posted to: <domain-policy@open-rsc.org>, DNS Policy
<dnspolicy@ntia.doc.gov>, comments@icann.org, list@ifwp.org]

A. Michael Froomkin   |    Professor of Law    |   amf@law.miami.edu
U. Miami School of Law, P.O. Box 248087, Coral Gables, FL 33124 USA
+1 (305) 284-4285  |  +1 (305) 284-6506 (fax)  |  http://www.law.tm
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