New gtlds: the.revolution

Transcription

1 New gtlds: the.revolution Is your company eligible? Conditions, procedure and timeline By Etienne Wery Attorney at Law, Brussels and Paris Bars Senior lecturer at University ULYS ( Brussels Oct., 13 th, 2012

2 Timeline Jan., 12th, 2012 It s open! April, 27th, 2012 It s public! April, 12th, 2012 It s closed! End of 2012 first gtlds go live

3 Who may apply? Established corporations, organizations or institutions in good standing. Following companies already declared they shall apply: MOTOROLA NOKIA DELOITTE IKEA CANON HITACHI Public bodies: the cities of Paris and Ghent Applications from individuals or sole proprietorships will not be considered.

4 Which conditions? Geographical term :.paris Generic term:.poker Conditions depend on the project Community:.gay Corporate/trademark:.mytrademark

5 Which conditions? Geographical term :.paris Generic term:.poker.almost anything 3 to 63 letters; no number; including non-latin (IDN) Community:.gay Corporate/trademark:.mytrademark

6 Procedure Administrative completeness Initial evaluation Delegation Objection filing Extended evaluation Dispute resolution String contention

7 Initial evaluation String Reviews String similarity Reserved names DNS stability Geographic names Applicant Reviews Demonstration of technical and operational capability Demonstration of financial capability Registry services reviews for DNS stability issues

8 Extended evaluation An applicant may request an Extended Evaluation if the application has failed to pass the Initial Evaluation on following criteria: Geographical names Technical, operational or financial capability Registry services Extended Evaluation does not imply any change of the evaluation criteria. It s an additional assessment based on the same criteria in light of clarifications provided by the applicant.

9 String contention Two or more applicants for an identical gtld string successfully complete all previous stages of the evaluation and dispute resolution processes..bud vs bud; mazda vs. mazda;.poker vs.poker,.bank vs.bank, etc. Two or more applicants for similar gtld strings successfully complete all previous stages of the evaluation and dispute resolution processes, and the similarity of the strings is identified as creating a probability of user confusion if more than one of the strings is delegated..poker vs.gaming Applicants are encouraged to reach a settlement or agreement among themselves. Special rules apply in case of community applications. Auction: mechanism of last resort

10 Objection and dispute resolution (1/2) String Confusion Objection The applied-for gtld string is confusingly similar to an existing TLD or to another applied-for gtld string in the same round of applications..sex vs..xxx Legal Rights Objection The applied-for gtld string infringes the existing legal rights of the objector. Trademark Tradename

11 Objection and dispute resolution (2/2) Limited Public Interest Objection The applied-for gtld string is contrary to generally accepted legal norms of morality and public order that are recognized under principles of international law. Anyone may oppose but there is a Quick look procedure Community Objection There is substantial opposition to the gtld application from a significant portion of the community to which the gtld string may be explicitly or implicitly targeted. Established institutions associated with clearly delineated communities are eligible to file a community objection. The objector must prove both of the following: (1) It is an established institution and (2) It has an ongoing relationship with a clearly delineated community

12 Next round? applications per year maximum Each application: from 9 to 20 months No new round before full completion and evaluation of the first one Next round should not occur before 5 to 10 years Problem is that next round will inevitably raise more string confusion issues. What if.citic is taken and Citibank wants to apply in a couple of years?

13 Thank you! By Etienne Wery Attorney at Law, Brussels and Paris Bars Senior lecturer at University ULYS ( Brussels Oct., 13 th, 2012