Sounding like a broken record, WIPO has published an update on their activities as an international resource for time- and cost-efficient alternatives to court litigation of intellectual property disputes, acting both as a provider of legal and organisational expertise and as an administrator of cases. In the report WIPO expresses concerns to the introduction of new gTLDs and a revision to dispute resolution under the UDRP with trademark issues at the heart of their concerns. Included in the report is an update on the domain name-related activities of WIPO covering their administration of domain name disputes under different policies and various related aspects of the Domain Name System (DNS), as well as selected policy developments, in particular rights protection mechanisms (RPMs) for the introduction of new generic top-level domains (gTLDs), the emergence of internationalized domain names (IDNs) as gTLDs, the contentious issue of revision by ICANN of the Uniform Domain Name Dispute Resolution Policy (UDRP), and the status of the recommendations made by the Member States of WIPO in the context of the Second WIPO Internet Domain Name Process. WIPO expresses concerns regarding proposed revisions to the Uniform Domain Name Dispute Resolution Policy (UDRP) and the introduction of new gTLDs. Concerns regarding the introduction of new gTLDs are based around Rights Protection Mechanisms such as trademark abuse and the methods of dealing with these problems – a Trademark Clearinghouse and a Uniform Rapid Suspension System, viewing the latter as becoming “an overburdened procedure” with “many issues [remaining] to be addressed.” In the report WIPO note that “accommodating the dynamic development of the DNS, the UDRP has been offering an effective alternative to court litigation for trademark owners, domain name registrants, and registration authorities. Nevertheless, efforts appear underway at ICANN which risk destabilising this well-respected enforcement tool.” However many of the issues raised by WIPO, and by American advertising bodies in recent weeks, have been addressed by ICANN. Not that WIPO and the American advertising bodies care to admit as much. In the report WIPO also notes they have administered more than 21,000 UDRP and UDRP-based cases. WIPO UDRP proceedings have so far involved parties from 163 countries. These disputes have come from over 112 countries in 2010 and 163 countries in total. WIPO also provides dispute resolution procedures for existing gTLDs and 65 ccTLDs. Demand for this WIPO service continued in 2010 with trademark holders filing 2,696 complaints, an increase of 28 per cent over the 2009 level. The concerns regarding UDRP relate to domainers and the volume of their registration activity. The report expresses concerns regarding “the use of computer software to automatically register (sometimes expired) domain names and their ‘parking’ of often competing advertisements on pay-per-click portal sites. In addition to their value as commercial identifiers, domain names have increasingly taken on aspects of commodities for speculative gain.” “Whereas traditional domain name abuse involved the registration of domain names by individuals seeking to turn a profit on the ’squatted’ names, nowadays a growing number of ‘domainers’ are deriving income from the large-scale automated registration of domain names corresponding not only to dictionary terms but also to third-party identifiers.” To download the full WIPO report in full, go to www.wipo.int/edocs/mdocs/govbody/en/wo_ga_40/wo_ga_40_9.pdf

Twelve Leading Industry Stakeholders Sign Letter of Intent to Use Technical Measures to Protect Copyright Online Twelve leading associations from the content industry and online services industry today signed a Letter of Intent committing them to work together to combat online content theft using through the use of technical measures. The Letter of Intent was signed at the Fourth ISP Symposium in Macao by the following stakeholders: Organization         Representative DotAsia Organisation (DotAsia) Mr. Edmon Chung, CEO Hong Kong Internet Service Providers Association (HKISPA) – Mr. York Mok, Chairman Hong Kong Motion Picture Industry Association Limited (MPIA) – Mr. Brian Chung, Chief Executive Hong Kong Theatres Association Limited (HKTA) – Ms. Fanny Lam, Executive Officer Hong Kong Video Development Foundation Limited (HKVDF) – Ms. Clera Chu, Vice Chairman International Federation Against Copyright Theft (Greater China) (IFACT-GC) – Mr. Sam Ho, Executive Director and General Manager International Federation of Creativity and Technology (IFOCAT) – Mr. Paul Fung, President International Intellectual Property Protection Centre (IIPPC) – Mr. Johnny Ho, Director Movie Producers and Distributors Association of Hong Kong Limited (MPDA) – Mr. Tony Shu, Executive Secretary Internet Society Hong Kong (ISOC-HK) – Mr. Charles Mok, Chairman Online Service Providers Alliance (OSPA) – Mr. Joe Lam, Chairman Sun Network (Hong Kong) Limited (Sun Network) – Mr. David Wong, General Manager The Letter of Intent was signed: In order to provide a healthy platform for legitimate online business and strengthen copyright protection in the digital environment, we jointly agree to apply appropriate and enforceable technical measures to drive out infringing content from the Internet, with a balance towards protecting freedom of expression and fostering creativity on the Internet. The Symposium is the fourth annual gathering of stakeholders involved in providing online services and content and focused this year on “Community, Content Protection and Co-operation”, discussing online user behaviour, technology developments, and cooperative technological measures for online content protection. A 2010 report on The Economic Contribution of the Hong Kong Film and Television Industry commissioned by the IFACT-GC confirmed that in 2008 the industries employed more than 32,000 people helping contribute HK$33 billion in gross output and an additional HK$6 billion value-add to Hong Kong’s economy. The report is the first of its kind to comprehensively measuring the direct, indirect and induced economic impacts made by one of Hong Kong‘s major creative industries – the film and television industry – and underscores the importance of protecting the creative industry’s IPR content generated from online theft. “IPR content like movies entertains us and is a major economic driver, creating wealth and jobs,” said Sam Ho, Executive Director and General Manager of the IFACT-GC. “IPR content is worth protecting and this alliance provides the framework for three of the main stakeholders – Hong Kong’s content industry, the ISPs /OSPs, and Internet users – to engage and cooperate, to the benefit of all, to curb online content theft.” “This alliance provides a new, innovative approach to curbing the online theft of copyrighted works,” said York Mok, Chairman of the HKISPA. “It provides a framework where the interests of consumers, the legitimate online service providers and content creators can all win through the development of successful, competitive business models to deliver legitimate creative content online.” “DotAsia is committed to the continued positive development of the Internet in Asia. The alliance represents a new strategy for an industry-led effort to curb online copyright and intellectual property rights infringement,” said Edmon Chung, CEO of the DotAsia. “This also builds on DotAsia’s continued joint efforts in international and local initiatives to increase public awareness of Internet issues such as piracy, and to work with Computer Emergency Response Teams, enforcement agencies and other authorities to enhance the security and stability of the Internet in Asia.” “By encouraging consumers and users to use and engage with legitimate digital content platforms this alliance will help ensure that the content creators rather than criminals enjoy the benefits of the hard work, creativity and financial risk that goes into all successful content,” said Clera Chu, Vice Chairman of the HKVDF. Charles Mok, Chairman of the ISOC-HK said “We are confident that the initiatives arising from this alliance will reduce the availability of pirated content and encourage consumers to access copyrighted content from legitimate sources online, while at the same time provide the necessary balance to encourage creative activities by all users.” Joe Lam, Chairman of the OSPA said “I believe that this alliance can protect our intellectual property rights in the digital environment, balancing and ensuring freedom of expression and creativity on the Internet and will not hinder the development of Internet services in Hong Kong.” “While this alliance will reduce the availability of stolen content online it will also level the playing field for many other legitimate content providers who just can’t compete with business models that get content free through theft,” said Vicky Wong, Chairman of the HKTA. “And that is good for the digital economy and for all legitimate stakeholders.” # # # About the DotAsia: The DotAsia Organisation (DotAsia) is the Sponsoring Organisation and Registry Operator for the .Asia Sponsored Generic Top Level Domain. DotAsia is a not-for-profit, community-based organisation incorporated in Hong Kong. Asia has developed into a global force in the international commercial, political and cultural network and the .Asia domain aspires to embrace this dynamism in the Asia Century to become a nucleus, intersection and breeding ground for Internet activity and development in the region. To learn more about DotAsia, please visit: http://www.registry.asia. About the HKISPA: The Hong Kong Internet Service Providers Association (HKISPA) was formed in 1989 and has as its membership the majority of ISPs in Hong Kong. The mission of the HKISPA includes: acting as a discussion forum on Internet related matters, the promotion of Internet development in Hong Kong, the promotion of fair competition and codes of practice, and working with government agencies and the public on Internet related issues. More information can be obtained at www.hkispa.org.hk. About the MPIA: The Hong Kong Motion Picture Industry Association (MPIA) was established in July 1986, to promote and protect the rights and interests of the Hong Kong motion picture industry by aggressively combating intellectual property right infringements, representing members’ view on matters of interest to the industry, and representing members in their dealings with the Hong Kong SAR Government and government authorities in other countries. About the HKTA: The Hong Kong Theatres Association Limited (HKTA) was established in 1950 to represent Hong Kong movie theatre owners. The Association’s primary objectives are to lobby the Government on matters such as film classification, copyright, fire safety and venue licensing, to formulate industry rules and to otherwise advance its members interests. In 2006, the Association launched the “International Box Office Essentials”, an on-line system providing real-time Hong Kong box office data, film analysis reports and information on international reported grosses from over 35 countries worldwide. About the HKVDF: The Hong Kong Video Development Foundation Limited (HKVDF) is a non-profit organization aimed at promoting the Hong Kong video industry. It was formed in March 2003 with 10 video distribution companies as members. With the video industry maturing, products and formats becoming more diversified and new business opportunities opening up, the Foundation plays a role as a network and contact point for industry members. Through positive action and input, the Foundation seeks to nurture a sustainable and profitable business environment and strengthen the interest and dedication of its members and other players in the industry, developing video entertainment to new heights. About the IFACT-GC: The International Federation Against Copyright Theft – Greater China (IFACT-GC) was established in 2006 by the Motion Picture Association to protect the film industry in the Greater China region from the adverse impact of copyright theft. In 2008, the film and TV industry in Hong Kong contributed HK$33 billion and generated a total of HK$6 billion value-add to the local economy creating more than 32,000 jobs in 1,170 businesses. IFACT-GC works closely with its supporters, government and enforcement authorities to protect the Greater China film and television industry, retailers and movie fans. For more information about the IFACT-GC, please visit www.ifact-gc.org. About the IFOCAT: The International Federation of Creativity and Technology (IFOCAT) was established in May 2010 is a non-profit organization composed of the elites from IT, education, legal, music, movie, animation, comic, design, manufacturer and enterprise industries. IFOCAT provides a legally protected exchange platform for innovation through participation, interaction, observation and education, to unite the elites and related enterprises from the creative and technological industries around the world to develop creative opportunities for the next generation. For more information about the IFOCAT, please visit www.ifocat.org. About the IIPPC: The International Intellectual Property Protection Centre (IIPPC) was established in October 2001 to provide a comprehensive range of services to protect the interests of audio-visual media rights owners by acting as the rights owners’ authorized representative and working closely with interested stakeholders including chambers of commerce, rights owners associations and law enforcement agencies. The IIPPC is committed to maximizing synergy, effectiveness and value for money in detecting and fighting piracy and counterfeiting activities by ensuring effective enforcement action against infringers. IIPIA’s focus is on fast, effective investigations by proactively encouraging the exchange of tactical and strategic intelligence amongst all stakeholders, reducing costs and maximizing synergy by encouraging cooperative investigations, and minimizing the time required for the investigation and prosecution process. About the MPDA: The Movie Producers and Distributors Association of Hong Kong Limited (MPDA) was founded in 1979 as a non-profit making association and has members in over 95% of Hong Kong SAR and mainland China motion picture and audio visual companies. The major professional services provided include representing members’ interests and concerns, assisting members protect their intellectual property rights particularly against the copyright infringement, and issuing certificates of copyright ownership and distribution rights to members. About the ISOC-HK: The Internet Society Hong Kong (ISOC-HK) is the local chapter organization of the Internet Society (ISOC), a professional membership society with over 20,000 individual members in over 180 countries, providing leadership in all issues confronting the current and future Internet. ISOC-HK was formed in 2005 by local veteran Internet professionals with the mission of improving the practice of Internet governance and online civil society in Hong Kong. About the OSPA: The Online Service Providers Alliance (OSPA) is a platform to bring together policy makers, professionals from related fields, and stakeholders from the community, to advise on and promote methods for achieving the goal of providing better online services to society. OSPA is also active in setting up mechanism for OSPs to combat Internet problems including defamation, copyright infringement, and inappropriate and illegal content provided by third parties while balancing the need to ensure freedom of expression and the development of Internet services in Hong Kong. OSPA was formed in 2010 by the Internet Professional Association (iProA) and ten founding member web sites, major trading websites: Baby-Kingdom.com, FoodEasy.com, HKGolden.com, Qooza.hk, sina.com.hk, TradeDuck.com, Travellife.org, 28hse.com, 28phone.com and the Hong Kong operation of the international trading web site eBay.com.hk. About the Sun Network: The Sun Network (Hong Kong) Limited (Sun Network), an Information Technology services company, was established in 2006. It focuses on providing a premium network to help its customers grow their businesses. By servicing global clients’ data, the Sun Network delivers product choices, expert services and superior support. The Sun Network has applied innovative solutions to improve efficiency, and maximize performance to increase enterprise agility and proactively addresses its customers’ needs. In order to provide a healthy platform for legitimate online businesses and strengthen copyright protection in the digital environment, Sun network is committed to work closely with content providers and to fight against online content theft. For more information about the Sun Network, please visit www.sun.net.hk. This DotASIA news release was sourced from: dot.asia/pressreleases/IFACT-GC_Release_Jul14_2011_3C Symposium.pdf

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A map shows the new country of Sint Maarten (WEB HOST INDUSTRY REVIEW) – OpenRegistry ( www.openregistry.com ) and SX Registry SA announced on Friday that they have established an exclusive agreement with the government of the new country Sint Maarten to manage and operate its .SX country code top level domain. According to a report by DomainIncite , this will be OpenRegistry’s first top level domain deal

One must really cry for trademark holder representatives in the new gTLD process. The poor trademark holder representatives, with well-paid lawyers fighting for their rights, and yet, occasionally someone stands up to them and questions whether they are right. In another article on the World Trademark Review website they are crying into their milk and claiming nobody listens to them, ICANN in particular.

Change of status for the domain name 3.org.uk The domain name 3.org.uk was registered at the end of the Registered Rights Sunrise phase. Following registration, an objection was raised concerning the IP rights provided by the applicant for that domain