New York, New York—May 16, 2023—The Board of Directors of the International Trademark Association (INTA) has adopted three resolutions during their May 2023 Board of Directors Meeting, held today in Singapore during the Association’s 2023 Annual Meeting Live+.
The first resolution covers intellectual property (IP) rights in new digital ecosystems (NDEs). Specifically, it resolves that IP is capable of existing, being exercised, and should be respected in NDEs, including blockchains, cryptocurrencies, web 3.0 domain names, non-fungible tokens (NFTs), and the metaverse (including virtual reality and augmented reality technologies), along with future digital ecosystems which have yet to be conceived. It is further resolved that appropriate principles of IP protection should become part of the rules governing all digital ecosystems, including NDEs.
The second resolution is an update and modification of pre-existing Model Design Law Guidelines which seek to broaden its coverage and refine certain positions based on more recent developments and positions taken by INTA. The focus is on issues where there is common industry consensus (e.g., protection of partial designs, multiple designs, protection of icons, and graphical user interfaces, and projected, holographic and/or virtual augmented reality (PHVAR) designs, deferral of publication, remedies, correction or addition of priority claim, restoration of priority right and unregistered designs).
The third resolution asserts that Domain Name System Abuse (DNS Abuse) comprises “any activity that makes, or intends to make, use of domain names, the Domain Name System protocol, or any digital identifiers that are similar in form or function to domain names to carry out deceptive, malicious, or illegal activity.” As a significant and present threat to global enterprises, their business partners, and consumers, often involving the misuse of brands, trademarks, and related IP, the resolution seeks to clarify the definition of the term in order to clarify the concept within the private sector, provide protections for consumers and brand owners, account for emerging technologies, and advance a standard definition which allows brand owners to protect their brands when they are targeted.
Read the Board Resolutions here.
About the International Trademark Association
The International Trademark Association (INTA) is a global association of brand owners and professionals dedicated to supporting trademarks and complementary intellectual property (IP) to foster consumer trust, economic growth, and innovation, and committed to building a better society through brands. Members include nearly 6,000 organizations, representing more than 33,500 individuals (trademark owners, professionals, and academics) from 181 countries, who benefit from the Association’s global trademark resources, policy development, education and training, and international network. Founded in 1878, INTA is headquartered in New York City, with offices in Beijing, Brussels, Santiago, Singapore, and the Washington, D.C., Metro Area, and representatives in Amman and New Delhi. For more information, visit inta.org.