[Discussion-igo-rc] External Legal advice on applicable local law for the protection of the legal rights of IGOs

[Bruce Tonkin]

Hello Phil,

>>   That is, if it found that some nation's consumer protection regime arguably establishes protections for IGO names and acronyms separate from trademark law, but the enforcement mechanism is solely regulatory, that should not be the basis for proposing a new IGO-focused CRP. The UDRP and URS exist to provide alternatives to litigation, and ICANN should definitely not be in the business of creating a right to initiate an administrative dispute where there is no corresponding right to initiate litigation.

Just taking the Australian example - Competition and Consumer Act 2010 is administered by the Australian Competition and Consumer Commission (ACCC), which is a regulator, but it also gives some rights for private action.

It am not aware of whether it gives any specific rights to IGOs compared to other organizations or individuals, but it could probably handle the situation where consumers were being mislead by the mis-use of an IGO name and abbreviation.

Regards,
Bruce Tonkin