Cybersquatting back under local spotlight

Protecting brands from cybersquatting is back on the agenda, with a Federal Government working party looking at its impact on trade mark enforcement in Australia.

Domain names will be among the areas under discussion by the Advisory Council on Intellectual Property (ACIP).

Owen Malone, chairman of the ACIP, said it planned to carry out public debate into the issue over the next couple of months, and would make a final report to government following this. An issues paper has been released by the ACIP for discussion.

-The government is concerned to see how well the trademark system works in Australia," Malone said.

Malone said that, in particular, the ACIP would be addressing the issues facing smaller businesses.

-Essentially trade marks give very powerful legal protection for brands and there are perception that the rights of brand owners are being undermined by the registration of certain domain names," Malone said.

According to Malone, companies are now spending a lot of time and effort trying to control their brands from cybersquatting. -[There's] obviously concern it leads to dilution of trade mark rights and brand equity."

Malone said that the problem of cybersquatting was improving because of greater regulation. However, he added that there were the continuing issues of public confusion, dispute resolution processes, and also different systems in different countries.

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Talkback 1 comments

    Authorities are corrupt. I hav ...Garry Anderson -- 16/03/02

    Authorities are corrupt.

    I have been speaking to US and UK Government Authorities (and Lawyers) for some time now, about these trademark and domain name problems.

    Virtually every dictionary word is trademarked - most many times over.

    Many companies share the same or similar words in Australia - in a different type of business (indeed in any country). It is against 'unfair competition' LAW that one should use their mark above all others.

    It is also against the principle of free speech, that business should be allowed to stop you using these words.

    The authorities know the solution - but they are too corrupt to use it. They are devious and have no honour.

    Please visit my site to see, WIPO.org.uk - nothing to do with United Nations WIPO.org.

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