WIPO Class

Question 1

what is NTIA?

Answer 1

The National Telecommunication and Information Administration

Question 2

Another name of White Paper ?

Answer 2

A Statement of Policy on the Management of Internet Names and Addresses

Question 3

What is ICANN ?

Answer 3

The Internet Corporation for Assigned Names and Numbers, is a non for profit corporation established under the laws of the State of California of USA

Question 4

What was stated in White Papers?

Answer 4

White paper stated the US will look for international support to call upon the WIPO to initiate a valanced and transparent process (trademark holders and members of the Internet community who are not trademark holders, develop recommendation on certain aspects of the interface between domain names and trademarks, including “a uniform approach to resolving trademark and domain names disputes involving cyberpiracy.)

Question 5

what it is gTLDs?

Answer 5

the generic top-level domains. such as like com , ,net, .org

Question 6

What is UDRP?

Answer 6

a Uniform Domain Name Dispute Resolution Policy, the publication of the Report of the WIPO Internet Domain Name Process and certain consultation procedures in conformity with the by-laws of ICANN, ICANN adopted, in August 1999 a UDRP, which entered into force for gTLDs on December 1, 1999

Question 7

What is the basis for infringing domain names?

Answer 7

1. the domain name is identical or confusingly similar to a trademark in which the complainant has rights
2. the domain holder has no rights or legitimate interests in respect of the domain name
3. the domain name has been registered and is being used in bad faith

Question 8

what is four DR services which ICANN has accredited and can be brought under UDRP ?

Answer 8

1. the WIPO Arbitration and Mediation Center
2. the National Arbitration Forum
3. e-Resolution and
4. the CPR Institute for Dispute Resolution

Question 9

What is INNs and IGOs ?

Answer 9

International Nonproprietary Names and acronyms of international organizations

Question 10

Why WiPO conducted the Second WIPO Internet Domain Name Process Report?

Answer 10

Because there were also need to protect identifiers such as trade names, personal names, GI, INNs, and IGOs. they become a subject of abusive practice in the DNS. Also discussed on protection of countries names and acronyms of IGOs. in the UDRP.

Question 11

What is IP concerns to domains names?

Answer 11

first come first served basis for registration gTLDs. because domains sellers do not care to check is it well known mark or not. it cause a lot of abuse practice.

Question 12

What is cybersquatting ?

Answer 12

the practice of registering names, especially well-known company or brand names, as Internet domains, in the hope of reselling them at a profit.

Question 13

How long it takes to settled a domain case?

Answer 13

domain name case concluded within two month and cost 1500 US dollars;.

Question 14

What are two panel decisions under the UDRP?

Answer 14

1. cybersquatting cases

2. fair use cases

Question 15

What is mediation general comprise seven main stages:

Answer 15

At the first stage, following the appointment of the mediator, initial
contacts will take place between the mediator and the parties during
which the arrangements for the first meeting of the mediator with
the parties will be established and the mediator will suggest what
documentation (generally a statement of the case) he or she would
like each party to provide prior to that meeting.
(2) At the second stage, at the outset of the first meeting between the
mediator and the parties, the mediator and the parties will establish
the ground rules that are to be followed in the process. The mediator
will, thus, at this stage agree with the parties whether the mediator’s
role is to be evaluative or facilitative and whether or not
separate caucuses will be held.
(3) Once the ground rules of the process are clear, the third stage of
gathering information and identifying the issues will proceed.
(4) Once the issues have been identified and the positions that each party
is adopting in relation to those issues are clarified, the mediator will
attempt, with the parties, to uncover the real interests that underlie
the positions that are being adopted by the parties. The advantage
of uncovering these interests is that there is generally more than one
way in which an interest can be satisfied, while there is often only
one way in which a position can be satisfied. For example, the position
of a spouse in a family dispute may be that he or she wishes to
have ownership of the family house. The interest underlying that
position, however, may be security for the spouse and the children,
which might be able to be satisfied in ways other than ownership of
the house.
(5) Following the identification of the interests that lie beneath the parties’
positions, the mediator will endeavour to develop with the parties
a range of options for satisfying those interests.
(6) The mediator will then embark with the parties upon an evaluation
of the various options that have been developed and endeavour to
establish with the parties which of the options best satisfies both parties’
interests.
(7) Finally, in a successful mediation, there will be a concluding stage,
which will usually involve the parties retiring to consider independently
whether or not they are able to conclude on the basis of one
of the options that has been developed and evaluated.

Question 16

The WIPO Arbitration Rules were developed, after extensive consultation,
with the intention of satisfying four general objectives:

Answer 16

to provide for an expeditious and efficient procedure;
* to take account of the latest approaches and developments in international
commercial arbitration;
“ to be particularly sensitive to the specific requirements of intellectual
property disputes;
“ to provide some certainty in relation to cost exposure on the part of
potential disputants.

Question 17

what is the limits for all stages of the procedure ? in arbitration.

Answer 17

9 month

Question 18

3 ways of ADR?

Answer 18

Arbitration and Meditation

THE EXPEDITED ARBITRATION

Question 19

§

Answer 19

Enforcement Measures

Enforcement is an essential component of intellectual property laws. It may seem trite, but nevertheless so true, to state that laws that are not enforced or implemented are like tigers without teeth. This is why the TRIPS Agreement, as well as national laws, provide for a variety of methods designed to ensure that rights are enforced in an efficient manner. These methods include:

• Provisional measures, such as search of premises and seizure of suspected infringing goods as well as equipment used to manufacture them;
• Civil remedies, such as monetary compensation and destruction of infringing goods;
• Court orders to stop the violation that has taken place or prevent it from happening;
• Criminal sanctions, such as imposition of fines and imprisonment; and
• Border measures, designated to stop the release into circulation of suspected imported infringing goods.

Should you suspect that your intellectual property rights have been violated, it would be advisable to seek professional help form a lawyer or specialised institutions in your country.

Question 20

What is the Tabacco Plain Packaging Act 2011?

Answer 20

Australia elected recent legislative thatproscribes all forms of beautifying elements, including trademarks, from displayed on tabacco packaging.

Question 21

Who brought the claim to WTO?

Answer 21

Ukraine, Honduras, the Dominican Republic
and, more recently, Cuba have invoked the dispute settlement process of the World Trade Organisation
(WTO) the consequence of which would determine whether the Australian TPP Act complies with
Australia’s obligations under the Agreement on the Trade Related aspects of Intellectual Property Rights
(“TRIPs”).

Question 22

What is TPP Act?

Answer 22

Tobacco

Plain Packaging Act 2011

Question 23

What articles brought for claimant?

Answer 23

Ukraine Article 2.1 read with inter alia articles 6quinquies and 7 of the Paris Convention,
Articles 15:1, 15:4, 16:1, 16:3 and 20
Honduras Article 2.1 read with inter alia article 6quinquies of the Paris Convention, Articles
15:4, 16:1, 17 and 20
Dominican
Republic
Article 2.1 read with inter alia article 6quinquies of the Paris Convention, Articles
15:4, 16:1 and 20
Cuba Article 2.1 read with inter alia article 6quinquies of the Paris Convention, Articles
15:4, 16:1 and 20

Question 24

What is article 17 under the TRIPS ?

Answer 24

Exceptions. and we need to use the three steps test.

Question 25

General sets of rules

Answer 25

IP is the form of right granted to the holder.
Patent is a set of legal rights granted to an inventor.. its not invention itself. trademark and patent refer to industrial property tights, while the copyright and related rights were referred to as “authors and artists rights”

Question 26

What is the patent?

Answer 26

is a set of ights granted to the inventor of a product or process that is new, involves an “inventive step” (or non obvious and is capable of industrial application (or “useful)

Question 27

What patent holder can do with such right?

Answer 27

He may prevent others from making, using, offering for sale, selling or importing the invention during the patent term.

Question 28

What three functions the patent is intended to perform?

Answer 28

1 to stimulate inventive activity
2 to encourage investment in the products of inventive activity
3 to disseminate technical information to the public

Question 29

What is the trademark?

Answer 29

is a sign or symbol that distinguishes the goods or services of one enterprise from another in commerce.

Question 30

What trademark allows the right holder to do ?

Answer 30

he may prevent others from using an identical or confusingly similar sign to identify its goods or services in commerce. trademark rights may las as long as the right holder continues to use the mark in commerce.

Question 31

what is the copyright ?

Answer 31

is granted to authors and artists to protect expressive works agains unauthorized reproduction or distribution by third parties.

Question 32

Copyright is soft or hard form of IPR?

Answer 32

Copyright is considered a soft form of IPR because it does not preclude independent creation by third parties.

Question 33

What about Napster case?

Answer 33

In the well-known Napster court battle between music producers
and an online file-sharing service, economists had considerable difficulty estimatingwhat
the effect of nonenforcement of copyright protection was on music
producers because of difficulties assessing the extent to which losses from
uncompensated file-sharin§were offset by gains from increased artist exposure
and consequent CD sales.

Question 34

what is layout- design of integrated circuits?

Answer 34

Integrated circuits (or semiconductors) are produced on the basis of threedimensional
maps or "mask works" that are used to direct sophisticated
equipment that etches circuits on semiconductor materials.

Question 35

What is WIPO ?

Answer 35

is an intergovernmental
organization that became in 1974 one of the specialized agencies of the
United Nations system of organizations.

Question 36

What is the International Bureau?

Answer 36

The origins ofWIPO go back to 1883 and 1886 when the Paris Convention
for the Protection of Industrial Property and the Berne Convention for the
Protection of Literary and Artistic Works, respectively, were concluded. Both
Conventions provided for the establishment of an “international bureau.”

Question 37

and then?

Answer 37

The
two bureaus were united in 1893 and, in 1970, were replaced by the
International Bureau, by virtue of the WIPO Convention

Question 38

What is the objectives of WIPO ?

Answer 38

1. to promote the protection of intellectual property throughout the world through cooperation among
   States and, where appropriate, in collaboration with any other international
   organization.
   2 is to ensure administrative cooperation among
   the intellectual property Unions established by the treaties that WIPO
   administers.

Question 39

Why IPRs are a Global Political Issue

Christopher May

Answer 39

1.effort deserves reward.
2. the rights of individuals to own the products
of their own efforts, the expression of an individual’s
self-identity.
3. the benefits of introducing markets into any particular area of social existence”:
- promote efficiency of use
the public benifit of “free availability of useful information and knowledge.

the original intent of including IPRs in the international trade negotiations leading to the formation of the WTO was merely to enhance international anti-counterfeiting
measures

what is “one size fits all” module?
What is parallel import?
art 8 and 31 related to compulsory licensing.

Question 40

§

Answer 40

The TRIPS Agreement recognizes the importance of enforceability and incorporates basic measures designed to assure that legal remedies will be available to title holders to defend their rights.

IPRs also reflect the rights of individuals ro own the products
of their own efforts, in that these efforts reflect the expression of an individual’s
self-identity.

IPRs also reflect the rights of individuals ro own the products
of their own efforts, in that these efforts reflect the expression of an individual’s
self-identity.