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ICANN approves new gTLDs

Managing Intellectual Property

The existence of conflicting IP rights will be one of four criteria that can be used to challenge applications for new generic top-level domains, under plans agreed by ICANN this week

At its Board meeting yesterday, ICANN approved the biggest-ever expansion of the gTLD space, potentially allowing anyone to apply to run a gTLD.

Under draft proposals, which are set to be finalized within the next six to nine months, applicants wishing to set up a gTLD will have to pass a number of tests. First, there will be an evaluation of their business and technical criteria.

If these requirements are met, there will be a period in which third parties can object to the proposed gTLD on four criteria: string confusion (when the sequence of letters making up one gTLD can be confused with another gTLD); existing legal rights; morality and public order; and community objection.

ICANN will not handle disputes itself but will appoint an independent dispute resolution provider for each of the four criteria.

Karla Valente, gTLD Program Director at ICANN, told Managing IP the legal rights dispute resolution provider had not yet been selected but it would be “an international organization with experience in IP”.

She added: “We are pretty much aware that trade mark infringement will be an issue. IP owners need to be very much aware of what is going on.”

The draft rules for the new gTLD launch are likely to be published within the next three months, and will be available for about three to four months for comment. Once the final policy is issued, it is likely to be another four months before the first applications can be made.

This means that the first applications will probably come in early to mid-2009.

The cost of applying for a new gTLD will depend on how many applications there are, but is likely to be at least $100,000.

ICANN officials believe the high price, as well as the business and technical requirements, will act as a disincentive to domain speculators and cybersquatters.

A number of organizations have already indicated their interest in applying for a new gTLD, including a number of cities (.berlin, .paris and .nyc), regions (.africa) and invented words (.fam).

Managing IP’s July/August issue, available online in July, will include a full report on the ICANN meeting.