Flashcards in WIPO Class Deck (40)
what is NTIA?
The National Telecommunication and Information Administration
Another name of White Paper ?
A Statement of Policy on the Management of Internet Names and Addresses
What is ICANN ?
The Internet Corporation for Assigned Names and Numbers, is a non for profit corporation established under the laws of the State of California of USA
What was stated in White Papers?
White paper stated the US will look for international support to call upon the WIPO to initiate a valanced and transparent process (trademark holders and members of the Internet community who are not trademark holders, develop recommendation on certain aspects of the interface between domain names and trademarks, including "a uniform approach to resolving trademark and domain names disputes involving cyberpiracy.)
what it is gTLDs?
the generic top-level domains. such as like com , ,net, .org
What is UDRP?
a Uniform Domain Name Dispute Resolution Policy, the publication of the Report of the WIPO Internet Domain Name Process and certain consultation procedures in conformity with the by-laws of ICANN, ICANN adopted, in August 1999 a UDRP, which entered into force for gTLDs on December 1, 1999
What is the basis for infringing domain names?
1. the domain name is identical or confusingly similar to a trademark in which the complainant has rights
2. the domain holder has no rights or legitimate interests in respect of the domain name
3. the domain name has been registered and is being used in bad faith
what is four DR services which ICANN has accredited and can be brought under UDRP ?
1. the WIPO Arbitration and Mediation Center
2. the National Arbitration Forum
3. e-Resolution and
4. the CPR Institute for Dispute Resolution
What is INNs and IGOs ?
International Nonproprietary Names and acronyms of international organizations
Why WiPO conducted the Second WIPO Internet Domain Name Process Report?
Because there were also need to protect identifiers such as trade names, personal names, GI, INNs, and IGOs. they become a subject of abusive practice in the DNS. Also discussed on protection of countries names and acronyms of IGOs. in the UDRP.
What is IP concerns to domains names?
first come first served basis for registration gTLDs. because domains sellers do not care to check is it well known mark or not. it cause a lot of abuse practice.
What is cybersquatting ?
the practice of registering names, especially well-known company or brand names, as Internet domains, in the hope of reselling them at a profit.
How long it takes to settled a domain case?
domain name case concluded within two month and cost 1500 US dollars;.
What are two panel decisions under the UDRP?
1. cybersquatting cases
2. fair use cases
What is mediation general comprise seven main stages:
At the first stage, following the appointment of the mediator, initial
contacts will take place between the mediator and the parties during
which the arrangements for the first meeting of the mediator with
the parties will be established and the mediator will suggest what
documentation (generally a statement of the case) he or she would
like each party to provide prior to that meeting.
(2) At the second stage, at the outset of the first meeting between the
mediator and the parties, the mediator and the parties will establish
the ground rules that are to be followed in the process. The mediator
will, thus, at this stage agree with the parties whether the mediator's
role is to be evaluative or facilitative and whether or not
separate caucuses will be held.
(3) Once the ground rules of the process are clear, the third stage of
gathering information and identifying the issues will proceed.
(4) Once the issues have been identified and the positions that each party
is adopting in relation to those issues are clarified, the mediator will
attempt, with the parties, to uncover the real interests that underlie
the positions that are being adopted by the parties. The advantage
of uncovering these interests is that there is generally more than one
way in which an interest can be satisfied, while there is often only
one way in which a position can be satisfied. For example, the position
of a spouse in a family dispute may be that he or she wishes to
have ownership of the family house. The interest underlying that
position, however, may be security for the spouse and the children,
which might be able to be satisfied in ways other than ownership of
(5) Following the identification of the interests that lie beneath the parties'
positions, the mediator will endeavour to develop with the parties
a range of options for satisfying those interests.
(6) The mediator will then embark with the parties upon an evaluation
of the various options that have been developed and endeavour to
establish with the parties which of the options best satisfies both parties'
(7) Finally, in a successful mediation, there will be a concluding stage,
which will usually involve the parties retiring to consider independently
whether or not they are able to conclude on the basis of one
of the options that has been developed and evaluated.
The WIPO Arbitration Rules were developed, after extensive consultation,
with the intention of satisfying four general objectives:
to provide for an expeditious and efficient procedure;
* to take account of the latest approaches and developments in international
" to be particularly sensitive to the specific requirements of intellectual
" to provide some certainty in relation to cost exposure on the part of
what is the limits for all stages of the procedure ? in arbitration.
3 ways of ADR?
Arbitration and Meditation
THE EXPEDITED ARBITRATION
Enforcement is an essential component of intellectual property laws. It may seem trite, but nevertheless so true, to state that laws that are not enforced or implemented are like tigers without teeth. This is why the TRIPS Agreement, as well as national laws, provide for a variety of methods designed to ensure that rights are enforced in an efficient manner. These methods include:
* Provisional measures, such as search of premises and seizure of suspected infringing goods as well as equipment used to manufacture them;
* Civil remedies, such as monetary compensation and destruction of infringing goods;
* Court orders to stop the violation that has taken place or prevent it from happening;
* Criminal sanctions, such as imposition of fines and imprisonment; and
* Border measures, designated to stop the release into circulation of suspected imported infringing goods.
Should you suspect that your intellectual property rights have been violated, it would be advisable to seek professional help form a lawyer or specialised institutions in your country.
What is the Tabacco Plain Packaging Act 2011?
Australia elected recent legislative thatproscribes all forms of beautifying elements, including trademarks, from displayed on tabacco packaging.
Who brought the claim to WTO?
Ukraine, Honduras, the Dominican Republic
and, more recently, Cuba have invoked the dispute settlement process of the World Trade Organisation
(WTO) the consequence of which would determine whether the Australian TPP Act complies with
Australia’s obligations under the Agreement on the Trade Related aspects of Intellectual Property Rights
What is TPP Act?
Plain Packaging Act 2011
What articles brought for claimant?
Ukraine Article 2.1 read with inter alia articles 6quinquies and 7 of the Paris Convention,
Articles 15:1, 15:4, 16:1, 16:3 and 20
Honduras Article 2.1 read with inter alia article 6quinquies of the Paris Convention, Articles
15:4, 16:1, 17 and 20
Article 2.1 read with inter alia article 6quinquies of the Paris Convention, Articles
15:4, 16:1 and 20
Cuba Article 2.1 read with inter alia article 6quinquies of the Paris Convention, Articles
15:4, 16:1 and 20
What is article 17 under the TRIPS ?
Exceptions. and we need to use the three steps test.
General sets of rules
IP is the form of right granted to the holder.
Patent is a set of legal rights granted to an inventor.. its not invention itself. trademark and patent refer to industrial property tights, while the copyright and related rights were referred to as "authors and artists rights"
What is the patent?
is a set of ights granted to the inventor of a product or process that is new, involves an "inventive step" (or non obvious and is capable of industrial application (or "useful)
What patent holder can do with such right?
He may prevent others from making, using, offering for sale, selling or importing the invention during the patent term.
What three functions the patent is intended to perform?
1 to stimulate inventive activity
2 to encourage investment in the products of inventive activity
3 to disseminate technical information to the public
What is the trademark?
is a sign or symbol that distinguishes the goods or services of one enterprise from another in commerce.