Managing Intellectual Property

Opinion: Almost at the door? DAG v4 and the rights protection mechanisms

17 June 2010

David Taylor a partner at Hogan Lovells specialising in domain names and new gTLDs gives his initial opinion on the IP protection mechanisms outlined in Draft Applicant Guidebook v4

There has been serious concern in the brand-owner community since the announcement in June 2008 by Icann that many new gTLDs would be allowed in the near future and the risks that this may bring. Two years on we are on the verge of a finalised applicant guidebook, but sadly as a result of a lengthy consensus driven process, the trade mark protection mechanisms proposed in their latest incarnation do not address trade mark concerns sufficiently. The proposed rights protection measures (RPMs) were designed to minimize abuse and consumer confusion. Unfortunately, with the punch taken out of them cybersquatters and bad actors have little to fear and we can expect abuse and increased costs for brand owners policing brands and protecting consumers.

David Taylor

A small number of IP lawyers, some brand owners, the Intellectual Property Constituency (IPC) of Icann, the World Intellectual Property Organization (WIPO) and the International Trademark...



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