Confusion over intellectual property ownership of domain names
could increase unless the internet's governing body resolves
language issues, according to a new report.
According to a report by a working group of the Internet
Corporation for Assigned Names and Numbers (ICANN), the number of
non-English internet users is fast reaching 50%, with a majority of
individuals from China, Japan and the Arab region not being able to
read the Latin alphabet.
The lack of a unified system for the registration, use and
litigation of internationalized domain names – domain names in a
different language or character set than English – also affects
Western intellectual property owners, leaving them at a loss to
check the registration of their marks by owners in non-English
scripts, such as Chinese or Arabic.
This could result in some domain names having more than one
owner, said Charles Sha'ban, chairman of the ICANN group compiling
the latest international domain names report, with no system yet in
place to control such registrations.
"The main aim was to see how implementing the internationalized
domain names will affect IP holders since we are all already facing
cybersquatting and so far the domain names are only in English,"
said Sha'ban, who is also the executive director at IP firm
Abu-Ghazaleh Intellectual Property.
Sha'ban predicted that Asian users will become key internet
players. He claimed that Chinese users could make up 50% of the
internet in the next five years. The language of the internet and
domain names will have to reflect this change.
But the system is not yet ready for the linguistic change, says
the latest report, which highlights some of the legal difficulties
that hinder the creation of a multilingual internet. There is no
common standard to prevent cybersquatting, resolve domain name
disputes, negotiate new domains and create a search database.
"Having domain names available in more languages will require
tighter dispute resolution procedures, since it is expected that
more legal issues will arise from translation and
transliterations," says the report. The report urges ICANN to
re-assess the existing dispute resolution system (UDRP) and
introduce clearer rules for multilingual domain and trade mark
disputes under the existing system.
The report suggests applying the same international laws
covering translated and transliterated trade marks to multilingual
domain name disputes even though their capacity can only be tested
at a later stage.
Given the multicultural and multilingual nature of
internationalized domain names, the report also highlights the
difficulty of creating a common search database. Comparing foreign
characters from one database to another will cause technical
difficulties and give rise to confusion for English-speaking
registrars.
Following its proposals in 2000 to turn the internet into a more
accessible medium for users who do not use the Latin character set,
ICANN released a set of common guidelines in June this year to be
followed by registries taking care of international domain
names.
Though the standards for internationalized domain names have not
been finalized, technologies are already in place and a number of
registries have taken in registrations for the new domain
names.
While the registry for .org recently decided to stop
taking in new registrations until a final system is put in place,
the .com and .net registry could already start
offering internationalized domain names ending in IDN.com
and IDN.net under the ICANN guidelines said Sha'ban.
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