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WIPO tries to head off domain name disputes

By Felicity Ussher

Published: Friday 30 April 1999

The World Intellectual Property Organisation (WIPO) will publish a report tonight aimed at soothing the troubled waters of Web domain naming.

WIPO believes disputes will occur between Network Solutions and commercial domain name registrars, as they fight for equal access to the master database of Web site addresses.

The organisation's report on the Internet Domain Name Process is aimed at providing a framework for handling disputes when they occur. The document is expected to focus primarily on trademark issues, and will act as a basis on which WIPO will advise Icann (The Internet Corporation for Assigned Names and Numbers) on managing disagreements.

WIPO confirmed there have been "significant changes" since its interim report, which was widely criticised in December for addressing a far broader range of intellectual property issues than expected.

One of the 15 experts advising WIPO assistant director general, Francis Gurry, on the report is expecting recommendations in three key areas: "First, I expect they'll agree to keep disputes over trademark infringements out of court. Anyone registering a domain name will have to sign a contract agreeing to this. Second, I'm expecting a distinction between infringing on someone's trademark in good faith, as opposed to bad faith." The source said this was intended to protect start-up companies, accused of registering a domain name just to sell it on.

"The third important issue is about famous trademarks. WIPO has wanted for years to draw up a list of globally famous trademarks, which no one is allowed to infringe on. They drafted the criteria for this in earlier versions of the report. Personally, I'm concerned this could get out of control, leading to an enormous erosion of the namespace."

The final version of the report will be published at around 7:00pm (BST) this evening. It will then be up to Icann to implement the guidelines as it sees fit.