[Discussion-igo-rc] External legal advice on 6ter

[Bruce Tonkin]

Hello Jonathan,
 
>>  Trademarks and copyright can be of tremendous value, even without the intervention of national courts. We depend upon the rule of law to ensure that people respect intellectual property rights in the same way that you depend on laws against trespassing and burglary to secure your home without having to call the police every day (or at least for your sake, I hope so!). In instances where we do find that individuals have breached the rights in our intellectual property, typically a letter alerting them to this fact is enough to correct the behaviour. 

Thanks.   That makes a lot of sense, and you gave a good example.   It is an example where as long as the recipient of the letter respects the rule of law, a simple letter that points out the intellectual property law breach is usually enough.    It would seem on balance that it may be better for an IGO to actually register a trademark, rather than use the Article 6ter provision to stop others getting that trademark  - simply because the letter that you speak of above can be fairly clear in identifying the intellectual property rights, without the need to go to court in most cases.

In a way UDRP is the next step up from the "letter" - in that an independent person/panel with expertise in the matter reviews the case, and generally the parties accept the decision and don't go to court.

Regards,
Bruce Tonkin