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WIPO Internet Domain Name Process

Report: Tokyo regional consultation

On October 19, 1998, the eighth regional consultation within the framework of the WIPO Internet Domain Name Process was held in Tokyo, Japan. The consultation was hosted by the Japan Patent Attorneys Association (JPAA) and was conducted in cooperation with the Japan Network Information Center and the Japanese Patent Office (JPO).

The meeting was attended on behalf of WIPO by Mr. Shozo Uemura, Deputy Director General, Mr. Richard Wilder, Director-Advisor, Office of Legal and Organization Affairs and Ms. Lucinda Jones, Consultant, Office of Legal and Organization Affairs. The panel of experts assisting WIPO in its work was represented by Mr. Kensuke Norichika (Executive Director, Software Information Center) and Dr. Ousmane Kane (Executive Director, African Regional Centre for Technology).

The consultation was opened by Mr. Atsushi Oshima (Chairman of the Trademark Committee, JPAA) on behalf of the JPAA. Mr. Naomasa Maruyama (Vice President, Japan Network Information Center) spoke on behalf of JPNIC and Mr. Joji Hashimoto (Director General, 1st Examination Department, JPO) on behalf of the JPO. Mr. Shozo Uemura opened the consultation on behalf of the World Intellectual Property Organization.

The presentations and open discussions covered the four main topics to be addressed by the WIPO Internet Domain Name Process: dispute prevention, dispute resolution, protection of famous and well-known marks, and introduction of new gTLDs. The table below lists those who participated in the consultation.

It was recognized that a system to deal with the conflicts that arise between domain names and trademarks must be in place. Such a system should be respectful of both the need for speed and low cost in the registration of internet domain names, while at the same time protecting the legitimate interests of trademark owners. Emphasis was also placed on the need for a process for the protection of famous and well-known marks. Indeed, some speakers, representatives of trademark owners felt that the process for the protection of famous and well-known marks was a central issue in the WIPO internet domain names process. It was pointed out that a list of well-known or "defensive marks" is maintained by the Japanese Patent Office. Some speakers were in favor of establishing such a list for the protection of famous and well-known marks in the context of the registration of domain names. In respect of dispute resolution it was pointed out that the law in Japan allows for only binding arbitration, not non-binding arbitration.

A recording was made of the proceedings. The transcript will shortly be made available to the public on this website under the section "Consultations."


Speakers

NAMETITLEORGANIZATION
Yuichi Akachi Lawyer  
Hiromichi Aoki PPA Japanese Patent Attorney Assoc.
Hirofumi Aoki Assistant Director, Trademark Division Japanese Patent Office
Ichiro Chujo Marketing Manager Isle Inc.
Robert F.Connelly President Procurement Services International, Inc.
Naoko Gonjo   Internet Initiative Japan Inc.
Masaharu Hagiri Member of the Trademark Committee Japanese Patent Attorney Assoc.
Tsunzo Hanabusa PPA Hanabusa Patent Office
Normichi Hatano Manager Kanebo, Ltd.
Joji Hashimoto Director General, 1st Examination Dept. Japanese Patent Office
Toyoharu Higuchi PPA Aoyama & Partners
Takashi Nishimura Manager, Operating Section, Operating Div. Japan Personal Computer Software Assc.
Norikatsu Honda Network Services Alps System Integration Co.
Seiji Honna Manager Shibata Network Services Co. Ltd
Wataru Kado   Nippon Telephone and Telegram Co., Ltd.
Hirotaka Kadobayashi   Japanese Patent Attorney Assoc.
Keiko Kikuchi Patent Attorney Japanese Patent Attorney Assoc.
Takeshi Kikuchi Attorney-at-Law, Vice President of ADR Japan Federation of Bar Assoc.
Masaru Kitujima EDP Department Planning Division KENWOOD Corp.
Shuya Kohhara Patent Attorney Japanese Patent Attorney Assoc.
Mitsutomo Konno Assistant Director Japanese Patent Office
Kubo, Tsugizo Senior Managing Officer Nissan Motor Co., Ltd.
Lyhus, John General Manager, International Department Brandy International
Maruhashi, Toru Manager, Legal Section NIFTY Corporation
Maruyama, Naomasa Vice President Japan Network Information Center
Kazuko Matsuo Lawyer ACIP; Japan Trademark Association, Nakamura & Partners
Hiroshi Matsuoka Internet Provider Management Canon (Fast Net)
Tomokazu Mine Legal SRA Inc.
Takamichi Miyoshi General Manager, Technology Planning Division, Planning Department Internet Initiative Japan Inc.
Naoki Mizutani Attorney at Law Mizutani Law & Patent Office
Teruhisa Motomiya Manager, Trademark, Patent Attorney Okabe International Patent Office
Eiichi Nabeshima Manager Japan Business Computer Co., LTD
Hitoshi Nakamura Vice President of Trademark Committee Japanese Patent Attorney Assoc.
Masaru Nishi   Asaka Media Port
Yoshio Nishimoto Manager, Network Administrator ASCII Something Good Corp.
Rieko Oshima   Nippon Telegraph and Telephone Corp.
Atsushi Oshima Chairman of the Trademark Committee Japanese Patent Attorney Assoc.
Yasuhiko Oshimoto Patent Attorney Japanese Patent Attorney Assoc.
Junko Otsuka Trademark Examiner Japanese Patent Office
Midori Saito Legal Manager Software Research Associates, Inc.
Yoshinori Sakata Trademark Staff Tashiro & Etoh Patent Bureau
Hiroshi Sakuma Assistant Director Intelligent Telecom Inc.
Yusake Sato Advisor Meiji University PC-Project
Tomoki Sawai Deputy Director, International Affairs Division Japanese Patent Office
Warren Shimeall Senior Partner Welty, Shimeall & Associates
Masaya Suzuki Trademark Examiner, International Affairs Division Japanese Patent Office
Kelko Suzuki Trademark Examiner Japanese Patent Office
Toru Takahashi Chairman Internet Association of Japan
Guangliang Tang Professor Institute of Law, Chinese Academy of Social Sciences
Masahiko Thuluoka Engineer Intergate Co., LTD
Masanobu Takatori Patent Attorney Suzuye & Suzuye
Takuo Tojima Operation Section, Operating Division  
Sanae Ueda   Internet Initiative Japan Inc.
Tadao Urimoto Director for Planning Office of Design Registration System Japanese Patent Office
Satoshi Watanake   Intellectual Property
Yamamoto Toshimitsu   PFU Limited
Toshihiro Tsubo President Global Commons, Inc.
Mitsunori Wada Manager Brandy International
Kozo Yabe Attorney at Law Japan Trademark Association (Vice-Chair, Legal System Committee)
Akihiro Yamaura Associate Manager NTT Long-Distance
Yasunori Yamamoto   Ministry of Post and Telecommunication
Yoshihiko Yamamoto   Yamanashi Area communication Committee
Kenji Yoshida Patent Attorney Yoshida, Kanayama, Ishida & Associates