[A2k] ccTLDs & the TPP

Jeremy Malcolm Jeremy at Malcolm.id.au
Wed Feb 19 20:35:29 PST 2014

On 18 Feb 2014, at 4:19 pm, Susan Chalmers <susan at susanchalmers.com> wrote:

> For those interested in the TPP, I've posted some
> thoughts<http://www.susanchalmers.com>on how ccTLDs are involved
> through the trademarks section.
> Note that this post focuses less on substantive IP issues and more on the
> appropriateness of creating a new regulatory sphere for ccTLDs, in general
> and specifically in a trade agreement.
> Grateful as always for discussion.

Good piece Susan.  You're right that not many have picked up on this, though I did touch on it in my article about the leak (http://www.digitalnewsasia.com/insights/asian-countries-battle-ip-maximalism-in-leaked-tpp-chapter).

The TPP is trying to circumvent the fact that most ccTLD administrators have decided NOT to enter into agreements with ICANN to allow for centralised control of their domain name resolution procedures.  Since ICANN had long exerted no small efforts to conclude such agreements, why would ccTLD administrators throw away their hard-fought independence by allowing the TPP to enforce the same ICANN requirements on them?

LIke on IP, it's another instance of forum shopping: if we can't get what we want through open, relatively multi-stakeholder bodies, we'll do it through a closed trade negotiation instead.

Jeremy Malcolm PhD LLB (Hons) B Com
Internet and Open Source lawyer, consumer advocate and geek
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