Geography Reference
In-Depth Information
GIs was considered premature because of the lack of global harmonisation of
international GIs norms.
203
On 28 June 2000 WIPO received a letter of request from the government of
Australia, as well as 19 governments of its other Member States, to initiate a
second WIPO process to address 'the issues raised, in the domain name space,
inter alia
, by bad faith, abusive, misleading or unfair use of [among other
identifiers] geographical indications …'
204
In response to this request, on 10
July 2000, WIPO commenced the Second WIPO Internet Domain Name
Process.
6.192
The final report of the Second WIPO Internet Domain Name Process of
3 September 2001 referred to problems experienced in the DNS by a number of
organisations concerned with protecting the interests of the users of GIs. These
included the Office international de la vigne et du vin (OIV) and the Institut
national des appellations d'origine (INAO). The OIV reported that '… a very
large number of Internet domain names consist of geographical indications of
recognised traditional denominations that are regulated by the Member States
of the OIV and have been communicated to the OIV by them' and that among
these domain names, 'there are a number which are particularly confusing for
Internet users and constitute commercial piracy or a misappropriation of
notoriety … certain registrations are offered for sale to the highest bidder or are
linked to inactive sites, evidencing bad faith'.
205
6.193
The OIV submitted a study conducted by the Fédération des syndicats de
producteurs de Châteauneuf du Pape (the Federation of Producers' Associa-
tions of Châteauneuf du Pape), which argued that 'a large number of domain
names have been registered which correspond to appellations of origin and
geographical indications of wine-derived growing products, as well as wine
varieties, without there being any relationship between the domain name
registrants and the persons who hold rights in these distinctive signs'.
206
6.194
Although it accepted the evidence of abuse the final Report of the Second
WIPO Internet Domain Name Process concluded that because views were
divided it was 'recommended that no modification be made to the UDRP, at
this stage, to permit complaints to be made concerning the registration and use
203
See WIPO Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indica-
tions, Tenth Session, 28 April-2 May 2003, 'Internet Domain Names and Geographical Indications' WIPO
Doc., SCT/10/6, 3 April 2003, at 2.
204
Ibid, at 3.
205
Ibid, at 4.
206
Ibid. A representative selection of domain names covered by this study were submitted by OIV and INAO.
