The sticky issue is that even under TRIPs, there is no register of
what is or isn't a famous or well-known mark, despite years of work by
the global TM/IP community on this issue.  Australia is in the same
boat with no registry of "well-known" marks, though there is such a
register in Japan.  BTW, my understanding is that the oz trademark act
makes no reference to "famous".  
Anyway, given that TM/IP community cannot decide on what a list of
excluded names should contain, it seems reasonable to wonder on what
basis domain name registries should make such a decision.

Some have wondered at how WIPO is able to propose a mechanism for
exclusions when folk have been working on the same issue withing the
TRIP framework for years without agreement.  The WIPO report boils
down to an argument that the exclusion mechanism is essential for a
robust domain name allocation framework - very interesting!

So registries around the world grapple with allocation policy.  The
local scene is that after all these years we don't even have a
mechanisms for formulating policy or enforcing their implementation. 
Welcome auda.  And the next question is how the whole joyful exercise
be funded?  Auctions?!

Leni.

"Roberts, Erica" wrote:
> 
> The recent World Intellectual Property Organisation (WIPO) report, The
> Management of Internet Names and Addresses:  Intellectual Property Issues,
> adressed issues such as these - with particular focus on fameous and well
> known trademarks.  The report has largely been adopted by ICANN and is well
> worth reading.  While it is unlikely to be entirely appropriate to the .au
> domain space, it does contain principles that could be adopted within the
> .au domain space.  Australia is a signatory to the Trade Related Aspects of
> Intellectual Property Rights (TRIPs) agreement which covers intellectual
> property rights including fameous and well known trade marks.  This creates
> some obligation in respect of fameous and well known trademarks such as
> microsoft.
> Any policy developed for the .au domain space would need to be consistent
> with Australia's obligations under international agreements above.
> 
> Erica Roberts
> 
> -----Original Message-----
> From: David_Wise§fhp.com.au [ mailto:David_Wise§fhp.com.au
> <mailto:David_Wise&#167;fhp.com.au> ]
> Sent: Monday, 12 July 1999 10:04
> To: dns&#167;waia.asn.au
> Subject: Re: [DNS] Give Austalian Business a go
> 
> >>
> >>Actually the registeries dont need to be concerned about this. There is
> >>already
> >>legislation and precedents in place to protect trade-marks. They dont
> >>specifically
> >>relate to the DNS, but register microsoft.net.au and you'll see why the
> >>registeries
> >>dont need to get involved in this nasty little area.
> >>
> 
> The registries do need to be concerned about this because, as already
> stated, existing laws may not protect the trade mark owner where the domain
> name is not "used".   Additional protection is needed. It should come, most
> sensibly, from the registries.
> 
> The registries are not pro-active enough in controlling the registration of
> names that are similar to a third party's trade marks.  If these
> registrations were controlled, there would be no disputes and it would not
> be a "nasty little area".   Disputes only arise because the registries let
> people register names that are similar to someone else's trade marks without
> first ensuring that the registrant also trades under that name.
> 
> No-one should be allowed to register Microsoft.net.au except someone who
> offers network services under the name Microsoft (and this need not
> necessarily be Gates).
> 
> David Wise
> Freehill Hollingdale & Page
> Brisbane
> 
> My views are not necessarily those of my employer and do not constitute
> legal advice.
> 
> --
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> express permission of the author.  You don't know who really wrote it.
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-- 
Leni Mayo                          Tel:   +61 3 9428 5530
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