[Gnso-newgtld-wg-wt5] Geographic terms: additional categories

Thu Apr 19 01:34:53 UTC 2018

Great discussion, Liz & Renata. 

Javier Rúa-Jovet

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> On Apr 18, 2018, at 9:31 PM, Liz Williams <liz.williams at auda.org.au> wrote:
> 
> Hello Renata
> 
> You have raised some interesting wrinkles.  The first is we mustn’t conflate the application for a domain name with intellectual property rights.  My IP lawyer friends will have different views I am sure, but, a new top level domain can exist quite happily alongside any array of IP rights which may exist at the top level of the domain name system and at the second level in domain name registrations.  For example, to use Jeff’s idea from this morning, .mars can exist alongside www.mars.com alongside www.marstheplanet.com and Jacqueline Mars (the woman whose family the company is named after).  The issue is to be sure that consumers are not confused and that bad faith use is not allowed…
> 
> And to your second point, communities are not disadvantaged if they don’t apply for a domain name.  Let’s use Murrumbidgee as the example.  It may be that a community or group or geographic area are not interested and find different ways of expressing themselves on-line.  That is fine.  What isn’t fine is if they are constrained BEFORE they have even have a chance to decide.  It is always annoying and expensive and time consuming if there is contention for a name…that is why there must be simple mechanisms to resolve that contention.
> 
> And to your last point.  I think this issue is directly within scope for the consideration of this group.  Governments have responsibilities around the setting of and implementation of public policy in their jurisdictions.  However, in the context of new top level domain policy processes, government stakeholders are part of a much broader constellation of people whose views need to be considered…and we don’t need an international treaty for that to happen.  
> 
> I hope that we can talk about this area in much more detail within the group.
> 
> Best wishes.
> 
> Liz
> ….
> Dr Liz Williams | International Affairs
> .au Domain Administration Ltd
> M: +61 436 020 595 | +44 7824 877757
> E: liz.williams at auda.org.au www.auda.org.au
>  
> Important Notice
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> 
>> On 19 Apr 2018, at 11:16 am, Renata Aquino Ribeiro <raquino at gmail.com> wrote:
>> 
>> Dear Liz
>> 
>> This is a very important discussion and thanks for framing it simply.
>> I am guessing the issue about the Aboriginal community being able to
>> register the name is whether or not they will be competing against
>> another company who trademarked that name and who could possibly sue
>> them.
>> And maybe they don't even register the domain name but create a
>> handcraft company with the river name.
>> In that sense, it is not about limiting the registration of a name but
>> ensuring protection for communities which are left vulnerable if
>> exclusive registration rights and associated IP rights are given to
>> whoever first registers the name.
>> 
>> But this is probably out of the scope of WT5 since it deals with
>> governmental objections and not unrecognized minority communities or
>> treaties without a broader international intergovernmental acceptance.
>> 
>> Best,
>> 
>> Renata
>> 
>> 
>>> On Wed, Apr 18, 2018 at 9:49 PM, Liz Williams <liz.williams at auda.org.au> wrote:
>>> Hello everyone
>>> 
>>> I wanted to refer back to our call this morning (Australia time) to provide
>>> some more examples about the nature of generic words that are also used for
>>> important geographic terms.  I used three examples this morning which relate
>>> to our major river systems which is not dissimilar to the Amazon River
>>> example where the rivers flow through different states.  In my example, the
>>> Murray, Darling & Murrumbidgee rivers are all significant geographic
>>> features.  The first two are named after people; the third an Aboriginal
>>> word in the Wiradjuri language.  The Murrumbidgee River flows through
>>> several distinct areas of Aboriginal land and forms part of the Murray River
>>> system.
>>> 
>>> We could extend the analysis by including Mount Kosciuszko National Park
>>> which includes our highest mountain (and from which the Murrumbidgee flows.)
>>> Again, named after a real person (whose name likely doesn’t fit as a good
>>> TLD label!) but, nonetheless, is one of our most significant geographic
>>> identifiers.
>>> 
>>> IF we were to conclude that a broader bucket of geographic identifiers (like
>>> rivers and places) were to somehow be constrained/limited/banned what
>>> purpose would that serve?  For example, if the Aboriginal communities that
>>> live along the river and identify with that region, why wouldn’t they be
>>> welcome to apply for the name?  The same could be said of landowners (like I
>>> was), tourist enterprises, naturalists, national parks, might also want to
>>> create a new “community” top level domain that they can use.  The same could
>>> be said of the Murray/Darling examples.
>>> 
>>> There are many many other examples that this group could come up with which
>>> shows the way in which humans name geographic features that are intrinsic
>>> parts of their culture.  From my personal perspective expanding any
>>> limitations on what applicants can apply for is a negative idea.  Instead,
>>> we need to work towards enabling the expansion of the domain name space to
>>> suit end users.
>>> 
>>> And most importantly, we need simple steps (I think we need some schematic
>>> to show how this could work in practical evaluation) to understand how to
>>> deal with contention and to resolve that contention efficiently and fairly.
>>> 
>>> Liz
>>> ….
>>> Dr Liz Williams | International Affairs
>>> .au Domain Administration Ltd
>>> M: +61 436 020 595 | +44 7824 877757
>>> E: liz.williams at auda.org.au www.auda.org.au
>>> 
>>> Important Notice
>>> This email may contain information which is confidential and/or subject to
>>> legal privilege, and is intended for the use of the named addressee only. If
>>> you are not the intended recipient, you must not use, disclose or copy any
>>> part of this email. If you have received this email by mistake, please
>>> notify the sender and delete this message immediately.
>>> 
>>> 
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