Re: Conflict resolution?

["G. Gervaise Davis III" <ggd@iplawyers.com>]

On 18 Nov 96 at 13:42, Bob Allisat wrote:
and g. gervaise davis added:

>>>>Tony, the problem is not liability, but the ability of IAHC or 
its parent to create agreement on international legal issues like the 
treatment of TM's --- business and legal folks have tried for years 
to do this and are years from any agreement.  TM law is national in 
nature and IAHC is not going to be to internationalize it by rules, 
suggestions, or force - all we will do is create obstacles to 
cooperation if a group with a majority of US members gets involved in 
this mess.  My telecommunications lawyer friends tell me that the ITU 
is probably the worst international organization of all in resolving 
things of a common concern internationally.

What you could do is suggest to Congress and the Administration that 
they explore creating an international registry, so that interested 
parties could information from a central point, but you should not 
let the registry impose its view of the law on registrants.  There is 
considerable legal value to businesses and the legal profession, who 
ultimately will have to force these issues to be dealt with in 
congress, in at least having a central location with neutral rules 
that simply say -- you can register here, identify yourself here, and 
everyone can get the information here -- but we will not take any 
action or position on TM issues.

I am sure there are technical problems in this concept but there are 
others qualified to deal with them, I am not. thanks for the chance 
at input.



Tony Rutkowski wrote:
>You raise what some argue is the only significant real problem -
>namely liability.  The short answer is that organizations like the
>ITU perform international administrative activities in the
>telecommunication field under international treaties and national
>agreements that provide them immunity.

 In order for there to be an
 International Internet Commission
 desginated to settle IP address
 and Domain name issues national
 governments will have to get
 together and write treaties and
 make agreements.

 IAHC is setting itself up for
 truely stagering lawsuits if it
 attempts to derail any of the
 ongoing corporate motion towards
 setting up Domain Name Registries.
 Does this committee have liability
 insurance? It sure as hell better
 run out and get some if not! Though
 I suspect no-one will underwrite
 such a risky and foolhardy group.

 Lawyers, start your engines!

                             Bob Allisat

   PO Box 191 Station E Toronto Canada M6H 4E2      (416) 588-0670



G. Gervaise Davis III, Business and Intellectual Property Lawyer
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