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ECTA
European Communities
Trade Mark Association
ECTA Secretariat,
Bisschoppenhoflaan 286, Box 5, B-2100 Deurne – Antwerpen, Belgium Tel 32/3-326
47 23 – Fax 32/ 3-326 76 13 E-mail ecta@ecta.org Website www.ecta.org A company
limited by guarantee. Registered in England and Wales No. 1520996 Registered
address: 15 Southampton Place, London WC1A 2AJ, England
To:
National Telecommunications and Information
Administration
1401 Constitution Avenue, N.W., Room 4701, Washington, DC 20230
Docket No. 060519136-6136-01
The Continued Transition of the Technical
Coordination and Management of the Internet Domain Name and Addressing System
AGENCY: National Telecommunications and Information
Administration, U.S. Department of Commerce
Antwerp, 11 July 2006
Re:
Comment on the continuation of the transition of the technical coordination and
management of the Internet domain name and addressing system (Internet DNS) to
the private sector.
___________________________________________________________________
On behalf of the Internet Committee of ECTA - the European
Communities Trade mark Association - we thank you for the opportunity to
comment on the continuation of the transition of the technical coordination and
management of the Internet domain name and addressing system (Internet DNS) to
the private sector.
The World Summit on the Information Society, Tunis Agenda for
the Information Society (November 18, 2005), stated: contained the following
propositions, to which we add support for the reasons stated.
40. We underline the importance of the prosecution of cybercrime, including
cybercrime committed in one jurisdiction, but having effects in another. We
further underline the necessity of effective and efficient tools and actions, at
national and international levels, to promote international cooperation among,
inter alia, law-enforcement agencies on cybercrime. We call upon governments in
cooperation with other stakeholders to develop necessary legislation for the
investigation and prosecution of cybercrime, noting existing frameworks, for
example, UNGA Resolutions 55/63 and 56/121 on "Combating the criminal
misuse of information technologies" and regional initiatives including,
but not limited to, the Council of Europe's Convention on Cybercrime.
ECTA supports this view and further comments that the criminal misuse of
information technology frequently involves counterfeit or other deliberate
misuse of intellectual property, including trade marks. We support the
proposition underlining the importance of the prosecution of cybercrime,
committed in one jurisdiction, but having effects in another. We also support
the call upon governments in cooperation with appropriate stakeholders to
develop necessary legislation for the investigation and prosecution of
cybercrime, within existing frameworks, relating to prosecution of counterfeit
goods. We also underline the need to provide an appropriate framework within
which trade mark owners may properly protect and enforce property rights against
criminal or other misuse, including ensuring that appropriate “Sunrise” periods are set up when new TLDs are introduced to enable trade mark owners to
protect valuable property rights against misappropriation.
A significant factor is the ability to identify quickly and simply those behind
websites from which criminal or other undesirable elements may be operating. To
this end we underline the need to maintain proper records of those to whom
domain names have been allocated, and to establish a method of quickly and
efficiently removing domains found to be wrongly registered whether or not the
domain holder is seeking to hide behind an incomplete or a false identity.
The World Summit on the
Information Society, Tunis Agenda for the Information Society (November 18,
2005), stated: contained the following propositions, to which we add support
for the reasons stated.
41. We resolve to deal effectively with the significant and growing problem
posed by spam. We take note of current multilateral, multi-stakeholder
frameworks for regional and international cooperation on spam, for example, the
APEC Anti-Spam Strategy, the London Action Plan, the Seoul-Melbourne Anti–Spam
Memorandum of Understanding and the relevant activities of OECD and ITU. We
call upon all stakeholders to adopt a multi-pronged approach to counter spam
that includes, inter alia, consumer and business education; appropriate
legislation, law-enforcement authorities and tools; the continued development
of technical and self-regulatory measures; best practices; and international
cooperation.
ECTA supports the proposition to deal effectively with the significant and
growing problem posed by spam. Again it should be noted that trade mark owners
should be provided with an appropriate framework within which to properly
protect and enforce property rights against misuse, including ensuring that
appropriate “Sunrise” periods are set up when new TLDs are introduced to enable
trade mark owners to protect valuable property rights against misappropriation.
A significant factor is the ability to identify quickly and simply those behind
websites from which criminal or other undesirable elements may be operating. To
this end we underline the need to maintain proper records of those to whom
domain names have been allocated, and to establish a method of quickly and
efficiently removing domains found to be wrongly registered whether or not the
domain holder is seeking to hide behind an incomplete or a false identity.
The World Summit on the
Information Society, Tunis Agenda for the Information Society (November 18,
2005), stated: contained the following propositions, to which we add support
for the reasons stated.
47. We recognize the increasing volume and value of all e-business, both within
and across national boundaries. We call for the development of national
consumer-protection laws and practices, and enforcement mechanisms where
necessary, to protect the right of consumers who purchase goods and services
online, and for enhanced international cooperation to facilitate a further
expansion, in a non-discriminatory way, under applicable national laws, of
e-business as well as consumer confidence in it.
ECTA recognises and supports the need for the development of national
consumer-protection laws and practices, and enforcement mechanisms, to protect
the right of consumers. We also underline the need for the development of
national laws and practices, and enforcement mechanisms, to protect the right
of consumers to obtain properly branded goods, instead of counterfeit product.
Two simple but effective steps in combating supply of spurious trade marked
goods are to ensure maintenance of appropriate “Sunrise” periods within which
trade mark owners may protect valuable property rights against misappropriation,
and to ensure proper records are maintained of those to whom domain names have
been allocated
We hope that you find our comments useful. If you have any
questions in this regard or if we can assist you in any other way, please feel
free to contact us again.
Yours sincerely
 
Mireia Curell Eric Ramage
President Chairman
Internet Committee
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