WIPO Internet Domain Name Process

2023年7月20日 | 分类: 域名法务

WIPO Internet Domain Name Process


WIPO Internet Domain Name Process

First WIPO Internet Domain Name Process: Archive

In June 1998, the World Intellectual Property Organization (WIPO) undertook an international process to develop recommendations concerning the intellectual property issues associated with Internet domain names, including domain name dispute resolution.  The WIPO Internet Domain Name Process was finalized on April 30, 1999 with the publication of the Final Report.  The recommendations contained in the Final Report have been made available to the new organization, the Internet Corporation for Assigned Names and Numbers (ICANN), that has been formed to manage the policy and technical aspects of the Internet Domain Name System.  They have also been made available to the Member States of WIPO for their consideration at the September general assemblies of the WIPO Member States.

The organization and management of the DNS has been the subject of intensive discussions throughout the world over the past several years. These discussions have been motivated by a desire to ensure that the management of the DNS is institutionalized in a manner that will permit the system to accommodate the growing volume of traffic on the Internet and to be administered in a competitive and open way which permits the interests of all stakeholders in the Internet to be taken into account.

One of the important issues that has been considered in the course of these discussions is the interface between domain names and trademarks. While domain names were originally intended to perform only the technical function of facilitating connectivity between computers through the Internet, domain names have, because of their easy-to-remember and human friendly form, come to constitute business identifiers. They are used routinely in advertising as a means of indicating the presence of an enterprise or business on the Internet. Businesses have come to realize the significant potential of an Internet web site as a means for providing information and offering goods or services directly to the consumer public.

With the growth of the Internet, domain names have come into conflict with trademarks. The possibility of such conflict arises from the lack of connection between the system for registering trademarks, on the one hand, and the system for registering domain names, on the other hand. The former system (trademarks) is administered by a public (governmental) authority on a territorial (either national or regional) basis which gives rise to rights on the part of the trademark holder that may be exercised within the pertinent territory. The latter system (domain names) is usually administered by a non-governmental organization without any functional limitation: domain names are registered on a first-come, first-served basis and offer a unique, global presence on the Internet.

The potential for conflicts inherent in the two different systems of registration has been exploited by persons who have made it a practice to register, as domain names for themselves, the trademarks of other persons or enterprises (“cybersquatting”).

Conflicts between domain names and trademarks present unusual features that stretch the capacity of the ordinary judicial system. That system is also territorially based, so that it cannot always provide a comprehensive solution to a conflict with a global dimension. Furthermore, litigation can be slow and expensive, factors that can produce a de facto situation in which it may be quicker and cheaper for a trademark holder to deal with a cybersquatter and buy back its rights to a domain name, rather than to seek to retrieve those rights through litigation.

The relationship between Internet domain names and trademarks was addressed beginning in 1996 by the International Ad Hoc Committee (IAHC), which issued its “Memorandum of Understanding on the Generic Top-Level Domain Name Space of the Internet Domain Name System” (gTLD-MoU) in May 1997. Taking into account advice provided by WIPO on intellectual property and dispute resolution issues, the IAHC (later the Policy Oversight Committee (POC)) developed a dispute resolution system to address potential conflicts between trademarks and domain names.

An important development in the discussions on the future organization and management of the domain name system was the publication on June 5, 1998 of a Statement of Policy on “Management of Internet Names and Addresses” (Docket Number 980212036-8146-02) by the Department of Commerce of the United States of America (“the USG White Paper”). The USG White Paper follows from intensive discussions and public debate internationally. The USG White Paper contained the following passage:

“The U.S. Government will seek international support to call upon the World Intellectual Property Organization (WIPO) to initiate a balanced and transparent process, which includes the participation of trademark holders and members of the Internet community who are not trademark holders, to (1) develop recommendations for a uniform approach to resolving trademark/domain name disputes involving cyberpiracy (as opposed to conflicts between trademark holders with legitimate competing rights), (2) recommend a process for protecting famous trademarks in the generic top level domains, and (3) evaluate the effects, based on studies conducted by independent organizations, such as the National Research Council of the National Academy of Sciences, of adding new gTLDs and related dispute resolution procedures on trademark and intellectual property holders. These findings and recommendations could be submitted to the board of the new corporation for its consideration in conjunction with its development of registry and registrar policy and the creation and introduction of new gTLDs.”

With the approval of the members States, WIPO has undertaken the process through a combination of Internet-based consultations and physical (in-person) consultations throughout the various regions of the world.  WIPO has endeavored to obtain the widest possible geographical and sectoral participation.  The process took approximately ten months to complete.    WIPO was assisted in the process by an internationally and sectorally representative group of experts.  The timetable indicating the various steps in the process is provided at “Process timetable“.

The results of the WIPO Internet Domain Name Process and observations with regard to the implementation of those results were made during the testimony of Mr. Francis Gurry, Assistant Director General & Legal Counsel of the World Intellectual Property Organization before the Subcommittee on courts and Intellectual Property of the Committee on the Judiciary, US House of Representatives, Congress of the United States (July 28, 1999).



1998年6月,世界知识产权组织(知识产权组织)开展了一项国际进程,就与因特网域名有关的知识产权问题提出建议,包括域名争议解决。 WIPO因特网域名程序于1999年4月30日随着《最终报告》的出版而完成。 《最终报告》中包含的建议已提供给新组织,即互联网名称与数字地址分配机构 (ICANN),该组织是为管理互联网域名系统的政策和技术方面而成立的。 这些建议也已提供给WIPO成员国,供其在9月的WIPO成员国大会上审议。

在过去几年中,DNS 的组织和管理一直是全世界深入讨论的主题。这些讨论的动机是希望确保DNS的管理制度化,使系统能够适应互联网上不断增长的流量,并以竞争和开放的方式进行管理,从而考虑到互联网中所有利益攸关方的利益。







“美国政府将寻求国际支持,呼吁世界知识产权组织(WIPO)启动一个兼顾各方利益和透明的程序,其中包括商标持有人和非商标持有人的互联网社区成员的参与,以(1)为解决涉及网络盗版的商标/域名争议(而不是商标持有人与合法竞争权利之间的冲突)制定统一方法的建议; (2)建议在通用顶级域中保护驰名商标的程序,以及(3)根据独立组织(如美国国家科学院国家研究委员会)进行的研究,评估增加新通用顶级域和相关争议解决程序对商标和知识产权持有人的影响。这些调查结果和建议可以提交给新公司的董事会,供其结合其制定注册管理机构和注册服务机构政策以及创建和引入新 gTLD 进行审议。

经成员国批准,WIPO通过互联网磋商和世界各地区实地(面对面)磋商相结合的方式开展了这一进程。 WIPO努力争取尽可能广泛的地域和部门参与。 这个过程大约需要十个月才能完成。 在这一过程中,WIPO得到了一个具有国际和部门代表性的专家组的协助。 “流程时间表”中提供了指示流程中各个步骤的时间表。

世界知识产权组织助理总干事兼法律顾问弗朗西斯·高锐先生在美国众议院司法委员会法院与知识产权小组委员会作证时,就WIPO因特网域名进程的结果和落实这些结果的意见作了说明。 美国国会(1999年7月28日)。