oriGIn Alerts 03 May 2016: #ICANN #gTLDs #UDRP #Review #US #Honduras #GenericTerms

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#ICANN #gTLDs #UDRP #Review

In April, oriGIn joined the ICANN/GNSO Working Group on the Review of All Rights Protection Mechanisms (RPMs) in All gTLDs, which aims to assess whether or not the existing RPMs collectively fulfill the purposes for which they were created, or whether additional policy recommendations are needed. oriGIn joined the Working Group with the objective to bring the point of view of GIs, which are not yet considered a valid legal title to activate the rights protection mechanisms in the framework gTLDs disputes.

The Working group will review the Uniform Dispute Resolution Policy (UDRP) – the longest standing alternative dispute resolution procedure in the domain names system. It will also look at the several new rights protection mechanisms (RPMs) introduced as a result of the new gTLD Program: the Uniform Rapid Suspension Dispute Resolution Procedure (URS); the Trademark Clearinghouse (TMCH) and the associated availability through the TMCH of Sunrise periods and the Trademark Claims notification service; and the Post-Delegation Dispute Resolution Procedures (PDDRPs).

More information @ http://gnso.icann.org/en/group-activities/active/rpm


#US #Honduras #GenericTerms

In March, the government of Honduras has reached an agreement with the US on a work plan which addresses various IPRs issues, including GIs.

In particular, Honduras committed itself to explain how an interested party may seek clarification as to whether individual components of a compound geographical indication are generic and therefore not entitled to GI protection when used in isolation. It has also made commitments to clarify the possible generic status of individual terms in future cases, via public notices. With respect to the scope of GIs already granted, Honduran authorities have posted clarifying information on the Government official webpage: among the terms considered generic in that information are “parmesano” (the Spanish language term for “parmesan”), “provolone,” and “bologna”. This agreement was reached in the framework of the Out-Of-Cycle Review of intellectual property protection in Honduras in order to determine if that country should be placed on USTR’s Special 301 intellectual property Watch List. More information @ Press Release 

In this context, it is worth to recall that Honduras is also part of the EU-Central America Association agreement, which includes as well Costa Rica, El Salvador, Guatemala, Nicaragua and Panama and provides provisions on the protection of GIs: http://trade.ec.europa.eu/doclib/press/index.cfm?id=689




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