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Data Protection/Privacy Update: Seeking Community Feedback on Proposed Unified Access Model

Today we’re sharing for discussion the draft Framework Elements for a Unified Access Model for Continued Access to Full WHOIS Data [PDF, 93 KB]. At a high-level, it provides a process for how third parties may access non-public WHOIS data.
I also want to take this opportunity to thank the ICANN community for their hard work & valuable inputs that led us to the adoption of the Temporary Specification for gTLD Registration Data (Temp Spec). The European Data Protection Board (EDPB) also recognized these community efforts & said it “expects ICANN to develop & implement a WHOIS model which will enable legitimate uses by relevant stakeholders, such as law enforcement, of personal data concerning registrants in compliance with the GDPR, without leading to an unlimited publication of those data.” Just as we all worked together to agree on tiered/layered access, which is a major change to the WHOIS services, your contributions…

New WHOIS ARS Report (Phase 2 Cycle 6) Now Available

LOS ANGELES – 15 June 2018 – The Internet Corporation for Assigned Names & Numbers (ICANN) published the WHOIS Accuracy Reporting System (ARS) Phase 2 Cycle 6 Report. The data analyzed in this report is from January 2018. This is a follow-up to previous ARS Reports which have been published semi-annually since December 2015.
Read the Report.
The report explores both the syntax & operability accuracy of WHOIS records in generic top-level domain names (gTLDs) as compared to the requirements of the 2009 and 2013 Registrar Accreditation Agreements (RAAs). It also examines the leading types of nonconformances, trends, and comparisons of WHOIS accuracy across gTLD types, ICANN regions, & RAA versions. (Note: The data analyzed in this report was completed prior to the adoption of the Temporary Specification.)
The ICANN org developed accuracy tests to answer questions about the syntax (format & content) & operability (e.g., does an email sent to the email address…

Chair’s Blog: A Preview of the Panama Board Workshop

We are less than two weeks away from ICANN62 in Panama City, Panama. That means the Board is once again getting ready for another workshop, which will be held from 22-24 June, right before the meeting. If you’ll recall, we reorganized our last workshop in Vancouver to allow for more time to discuss the European Union’s General Data Protection Regulation (GDPR) and the proposed Temporary Specification for gTLD Registration Data, so this upcoming workshop will give us an opportunity to reconvene on some of the issues we set aside when we last met. We’ll be holding quite a few public sessions, as well as a public Board meeting. You can find out how to dial-in to these listen-only sessions here. On Friday, 22 June, the first day of the workshop, we’re going to start off with a dialogue with Göran Marby, ICANN President & CEO, & then jump into a…

The Patent Cooperation Treaty at 40

June 2018
By Matthew Bryan, PCT Legal & User Relations Division, and Cathy Jewell, Communications Division, WIPO
Today inventors around the globe have access to a system, known as the Patent Cooperation Treaty (PCT), which offers a cost-effective way to seek patent protection for their high-value technologies in multiple countries. That system, which has just celebrated its 40th year of operation, has become an essential component of the international patent system. Today, the PCT includes 152 member countries. In the words of WIPO Director General Francis Gurry, the PCT is a “truly a intercontinental system & a worldwide treaty” that is at “the center of world patenting activity.”  
The world’s largest companies (see figure below), leading universities & research institutions & individual inventors use the PCT as a strategic option to seek patent protection in multiple countries, since a single global patent application filed under the PCT has legal effect in…

Diagnostics for the Real World: point-of-care diagnosis made easy

June 2018
By Catherine Jewell, Communications Division, WIPO
In an ever more interconnected international, the threat of infectious diseases is perhaps greater today than at any other point in human history. Controlling and preventing these diseases is a huge challenge – particularly in resource-poor regions of the globe – & one that requires early detection. A ground-breaking new point-of-care diagnostic tool, developed by Dr. Helen Lee and her group at Diagnostics for the Real Intercontinental, offers healthcare workers in resource-poor environments an opportunity to effectively test, diagnose & treat patients within hours. Dr. Lee, who also established the Diagnostics Development Unit at University of Cambridge in the United Kingdom, tells us more about the remarkable device & shares her views on innovation & intellectual property. How did you become an inventor?
I really became an inventor through necessity. My goal has always been to develop diagnostics that are simple, accurate, rapid, heat-stable…

Pioneering fog-harvesting technology helps relieve water shortages in arid regions

June 2018
By Catherine Jewell, Communications Division, WIPO
When we think about sources of water, fog is not the first thing that springs to mind. But a pioneering new water technology called the CloudFisher® offers communities facing severe water shortages in arid & foggy coastal or mountainous regions an affordable & sustainable source of clean water.
CloudFisher® is a pioneering new water technology that offers communities facing severe water shortages in arid & foggy coastal or mountainous regions an affordable and sustainable source of clean water (photo: Courtesy of Aqualonis, GmbH).Developed by the German Water Foundation (WasserStiftung®), the technology is commercialized & implemented through Aqualonis, a Munich-based for-profit company headed by industrial designer Peter Trautwein, who is also responsible for the Water Foundation’s fog water extraction sector. The CloudFisher’s pioneering design, which takes fog-harvesting technology to a new level, is the brainchild of Mr. Trautwein with input from researchers at the Technical University…

IP Australia puts digital intelligence to work

June 2018
By Patricia Kelly, Director General, IP Australia
Not so long ago the average person’s understanding of artificial intelligence (AI) was framed by movies like The Terminator and A.I. Artificial Intelligence. Skynet in The Terminator movies was the fictional AI platform that eventually gained self-awareness after it infiltrated millions of computer servers around the globe. In the movie A.I. Artificial Intelligence, advanced humanoid robots capable of thought & emotion were developed as replacement humans. These movies used creative license to dramatize & give expression to people’s real fears: that computers would eventually become more intelligent than humans & would negatively change our globe.
Patricia Kelly, Director General of IP Australia has been leading her Organization’s drive to develop new, more efficient ways to deliver its services using artificial intelligence (photo: Courtesy of IP Australia).AI is changing our world & like every bound forward in technology it has great benefits as well as…

Curaçao’s celebrates 125 years of trademark history

June 2018
By Martina Everts-Anthony, Ramses Petronia and Dedeona Maduro, Bureau for Intellectual Property, Curaçao
The small island of Curaçao lies some 65 kilometers north of the coast of Venezuela, has around 160,000 inhabitants, & boasts a sunny, warm climate all year round & some of the most beautiful beaches on the planet.
The small Caribbean island of Curaçao enjoys a long tradition of trademark protection. This year, it is celebrating 125 years of trademark history (photo:chrisuk1/ iStock / Getty Images Plus).You may also have heard of its world-famous blue liquor, the Blue Curaçao, made from the dried peel of the Laraha citrus fruit, which grows on the island.
But beyond its welcoming climate & heady liquor, Curaçao also enjoys a long tradition of trademark protection. This year, it is celebrating 125 years of trademark history, and the fact that it was one of the first within the region to establish a fully…

Emojis & intellectual property law

June 2018
By Eric Goldman, Professor of Law, Santa Clara University School of Law, California, & Gabriella E. Ziccarelli, Technology & IP attorney, Washington, DC, USA
*This article is based on a longer forthcoming paper by Prof. Goldman called Emojis & the Law.
Everyone loves emojis, & why not? They are a fun and an increasingly ubiquitous way for people to express themselves. But despite their superficial frivolity, emojis can raise potentially complex & serious legal issues, including book and complicated questions about intellectual property (IP). This article surveys how United States IP law protects emojis, and why such protection may be problematic.
Photo: koya79 / iStock / Getty Images PlusWhat are emojis?
Emojis are small icons that people include in electronic communications to express an idea or an emotion. Emojis play a variety of communicative roles: they can function as a word substitute, a word complement (like the emphasis provided by an exclamation…

The public lending right & what it does

June 2018
By Jim Parker, Coordinator of the PLR Intercontinental Network
The public lending right (PLR) is the legal right that allows authors & other right holders to receive payment from government to compensate for the free loan of their books by public & other libraries.
The public lending right (PLR) allows authors and other right holders to receive payment from government to compensate for the free loan of their books by public & other libraries. At a time when authors’ incomes from publishing are falling everywhere, PLR provides vital financial support (photo: tomsickova / iStock / Getty Images Plus).Maureen Duffy, writer and veteran of the authors that led to the right being introduced in the UK in 1979 after a twenty-year struggle, summarizes PLR as follows:
“First & foremost PLR upholds the principle of ‘no use without payment’. This is the basis for the concept of ‘fair remuneration’ which then carries over…

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