Flip Petillion – författare

This book looks back on 25 years of pioneering EU trade mark practice, as viewed by various experts from all over Europe. EU trade mark law - and by extension, trade mark law of the EU Member States - has substantially evolved during these past 25 years. The success of the EU trade mark resulted in a shift from a 'bottom-up' harmonization of national trade mark systems to a 'top-down' approach, based on the EU trade mark system. The first two contributions focus on the EUIPO's convergence efforts with the national trade mark offices and the impact of EU case law on national trade mark practice, respectively. Further on the evolution of the EU trade mark system is addressed through a wide variety of subjects of substantive law. The last chapter offers and analysis of the impact of Brexit on EU trade marks. Flip Petillion (editor) is a leading domestic and international dispute resolution counsel and arbitrator and regularly publishes on various topics related to intellectual property and arbitration (PETILLION, Belgium). With contributions by Ana-Maria Baciu and Andreea Bende (Simion & Baciu, Rumania), Alexander Schnider (GEISTWERT, Austria), Claus Barrett Christiansen and Maria Rose Kristensen (Bech-Bruun Law Firm, Denmark), Diego Noesen (PETILLION, Belgium), Gerard Kelly and Jane Bourke (Mason Hayes & Curran LLP, Ireland), Jan Peter Heidenreich (Preu Bohlig, Germany), Eva Lachmannova (Sindelka & Lachmannova, Czech Republic), Matthew Harris (Waterfront Solicitors LLP, UK), Paul Micallef Grimaud and Nikolai Lubrano (Ganado Advocates, Malta), Richard Wessman, Stojan Arnerstal and Sofia Bergenstrahle (Vinge, Sweden)

The Internet Corporation for Assigned Names and Numbers (ICANN), founded in 1998, is a not-for-profit public-benefit corporation established to ensure a stable and secure global Internet. As the custodian of the Domain Name System (DNS), one of its key responsibilities is the introduction and promotion of competition in Internet-related markets, an aim which ICANN has tried to achieve through the delegation of generic top-level domains (gTLDs). This book investigates how successful ICANN has been in achieving this goal.

Over the years, ICANN has been required to decide on a substantial number of complaints from applicants for gTLDs related to capture, arbitrariness, discrimination, and unwarranted restriction of competition. This book is the first detailed study of complaints related to ICANN decisions that have been brought using ICANN''s Independent Review Process (IRP). The authors - preeminent expert practitioners in international litigation and arbitration related to Internet governance - take a close look at how ICANN has handled the major issues raised and how ICANN has shaped its own accountability mechanisms. The book also weighs the influence of external accountability on ICANN’s decision-making process and considers the implications of third-party decisions (such as IRP decisions) for the ongoing development of the Internet.

This authoritative analysis covers:

• the regulatory framework governing ICANN and the introduction of new gTLDs in a historic perspective;• ICANN’s accountability framework;• all the IRP cases that have been decided to date, with an in-depth analysis of those cases that have become reference decisions in the latest application round; and• the 2016 amendments to ICANN’s articles of incorporation and bylaws, concentrating on the problems that remain unresolved.

This work is a welcome addition to the debate on how to address the shortcomings in ICANN’s accountability in the interests of the global Internet community. The authors make concrete proposals and recommendations, suggesting changes to ICANN’s regulatory framework in the light of the lessons learned and with a view to preventing similar problems arising in a next round of gTLD applications. This book has the potential to become the Green Book for fundamental changes to ICANN’s accountability framework.

The Internet Corporation for Assigned Names and Numbers (ICANN), founded in 1998, is a not-for-profit public-benefit corporation established to ensure a stable and secure global Internet. As the custodian of the Domain Name System (DNS), one of its key responsibilities is the introduction and promotion of competition in Internet-related markets, an aim which ICANN has tried to achieve through the delegation of generic top-level domains (gTLDs). This book investigates how successful ICANN has been in achieving this goal.

Over the years, ICANN has been required to decide on a substantial number of complaints from applicants for gTLDs related to capture, arbitrariness, discrimination, and unwarranted restriction of competition. This book is the first detailed study of complaints related to ICANN decisions that have been brought using ICANN''s Independent Review Process (IRP). The authors - preeminent expert practitioners in international litigation and arbitration related to Internet governance - take a close look at how ICANN has handled the major issues raised and how ICANN has shaped its own accountability mechanisms. The book also weighs the influence of external accountability on ICANN’s decision-making process and considers the implications of third-party decisions (such as IRP decisions) for the ongoing development of the Internet.

This authoritative analysis covers:

• the regulatory framework governing ICANN and the introduction of new gTLDs in a historic perspective;• ICANN’s accountability framework;• all the IRP cases that have been decided to date, with an in-depth analysis of those cases that have become reference decisions in the latest application round; and• the 2016 amendments to ICANN’s articles of incorporation and bylaws, concentrating on the problems that remain unresolved.

This work is a welcome addition to the debate on how to address the shortcomings in ICANN’s accountability in the interests of the global Internet community. The authors make concrete proposals and recommendations, suggesting changes to ICANN’s regulatory framework in the light of the lessons learned and with a view to preventing similar problems arising in a next round of gTLD applications. This book has the potential to become the Green Book for fundamental changes to ICANN’s accountability framework.