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[Comment-Ip] Preliminary comments from SGNIC
Please find enclosed, SGNIC's preliminary comments on the WIPO's Final Report
on the Internet Domain Name Process.
Singapore Network Information Centre
Comments on Final Report of the WIPO Internet Domain Name Process
Due to the limited time given, below are our interim comments / questions.
We will be represented at the Berlin meeting and if necessary, will
participate in the discussion.
1. Best practices for Registration Authorities ( Chapter 2 )
(i) Paras 89 & 90(ii)
It is mentioned that consent of the domain name applicant be obtained
for the purposes of collecting and making the contact details available. Must
this consent be explicit and in the event that it is not given, does it give
the registrar a right to reject the domain name application. We ask this
question as in most privacy / data protection regime, it is a requirement that
unless the personal information is mandatory for the purpose of the transaction
( eg air travel ), then the transaction must still be allowed even if consent
is not given. In the context of the domain name application, should the
registration is be allowed?
2. Administrative Procedure Concerning Abusive Registration of Domain
Names ( Chapter 3 )
(i) In terms of payment, is it possible, at this point in time, to provide
an estimate of how much it would cost the complainant for the entire procedure.
As there are likely to be standard processes involved for all "hearings" and
a fixed duration, is it possible that a fixed fee be considered for the
procedure and to ensure that this is not too prohibitive as to prevent a
complainant from relying on it.
(ii) We are not sure who will be on the panel of decision makers but as the
procedure will be made available globally, it would be beneficial to ensure
( subject to candidate having the necessary experience and expertise ) that
the various regions involved in the procedure are represented on the panel.
A good representation will add credence to the panel and will to some extent,
provide confidence for adoption of the procedure.
3. Exclusions for Famous and Well-known Marks
(i) Is there a possibility that the exclusion list for the gTLDs will
eventually be extended to ccTLDs which wish to subscribe to the list . ( The
ccTLDs could still retain their own country list in addition to this )
(ii) What assistance will WIPO be rendering to a ccTLD with respect to the
setting up of an exclusion mechanism ?