Abstract

The new gTLD programme of the Internet Corporation for Assigned Names and Numbers (ICANN) is the single most important development since the privatisation of the DNS in 1998. The management of the Domain Name System (DNS) has developed from a modest undertaking to its current explosive expansion through the new gTLD programme. Africa has boldly entered the arena through the delegation of the .Africa gTLD. This new development heralds an innovative era in the management of the DNS, especially for Africa. The dotAfrica gTLD launch strategy offers several advantages to African governments and traders alike. One of the innovative features of the management of dotAfrica is the fact that a broader set of rights including commercial, cultural, linguistic, religious and personal rights will be protected. Furthermore, African trade mark proprietors and other rights holders are protected, initially at least, by various innovative rights-protection mechanisms. This development is important for African governments and it should form an integral part of right holders' intellectual property management strategy. Keywords: dotAfrica; new gTLD programme; trade mark rights; sunrise period; priority rights; dispute resolution; ICANN; ZACR; mark validation system; rights protection mechanisms; land rush phase; reserve names list; trademark clearing house; African Union Commission.

Highlights

  • E Hurter T PistoriusThe development of the network that is today known as the Internet was a very complex and technical process that spanned a period of close to 45 years.1 It can be said that the Internet's evolution to its present form of sophistication and its consequent rise to prominence was not meticulously planned or even foreseen, but in reality happened by accident

  • It seems clear, considering the Government Advisory Committee (GAC) Advice Objection against its application and the NGPC's decision not to approve its application, as well as the Internet Corporation for Assigned Names and Numbers (ICANN) Board Governance Committee's rejection of its Request for Reconsideration, that DotConnectAfrica Trust has no realistic expectation of having its application approved and being chosen to host the new .africa domain instead of its African Union-endorsed competitor ZACR, whose application has already been approved without any objection

  • In the registry agreement they sign with ICANN when they obtain the right to run the new gTLD, to implement rights protection mechanisms (RPMs)

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Summary

E Hurter T Pistorius

The development of the network that is today known as the Internet was a very complex and technical process that spanned a period of close to 45 years. It can be said that the Internet's evolution to its present form of sophistication and its consequent rise to prominence was not meticulously planned or even foreseen, but in reality happened by accident. No grand plan and certainly no appreciation of its future growth and international relevance existed when the United States government funded the initial projects that started it all.. The United States government came to control the domain name system (DNS) with its massive appeal and critical strategic and economic importance purely by chance.. In contrast to the DNS's humble beginnings, the new gTLD programme has been planned meticulously for the future growth of global branding and the geographical positioning of domain name ownership. This new development heralds an innovative era in the management of the DNS, especially for Africa

Brief background on ICANN
Application process for new gTLDs
Introduction
Mechanisms to assert rights
Mechanisms to enforce rights
Introduction to the dotAfrica gTLD
The Government Reserve Name List110
Sunrise and priority rights
Validation of priority rights
Conclusion
Full Text
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