From: David Cake <
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Reply-To: David Cake <
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Date: Sat, 8 Oct 2011 04:48:08 +0100
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Subject: Re: [NCSG-Discuss] NCSG input on request for
special privileges for Red Cross & International
Olympic Committee regarding Internet domains
On 05/10/2011, at 8:36 PM, Marc Perkel wrote:
I will agree with you that I also share the opinion that
the Red Cross should be nominated for sainthood. The
question is though - should that be a reason for special
privileges?
The philanthropic activities of the Red Cross should not
qualify it for special privileges.
The Geneva Convention, and various national laws that
implement it nationally, do, however, specifically protect
not just the Red Cross symbol, but the words 'Red Cross'.
The vast majority of the states in the world are parties
to the Conventions. The words Red Cross are granted unique
special legal status in terms of their use in many, if not
most, legal jurisdictions.
So, the philanthropic nature of the Red Cross should not
qualify it for special privilege. The Geneva Conventions,
however, make a pretty good case.
KK: Two issues that should be clarified here: first of
all, the Geneva conventions establish the standards of
international law for the humanitarian treatment of of the
victims of war. These conventions do not relate to
trademark protection, so taking them out of that context
to justify special trademark privileges is not right.
Secondly, the Geneva convention states: "Art. 44. With the
exception of the cases mentioned in the following
paragraphs of the present Article, the emblem of the red
cross on a white ground and the words " Red Cross" or "
Geneva Cross " may not be employed, either in time of
peace or in time of war, except to indicate or to protect
the medical units and establishments, the personnel and
material protected by the present Convention and other
Conventions dealing with similar matters." - Watch the
word 'and' between the emblem and the the words 'Red
Cross' - this is to identify that that word should be
protected when it is associated by the emblem. This is
trademark law at its most basic. And, in any case, even if
we are to interpret it otherwise, this protection is based
on the idea of the Convention to promote humanitarian
efforts – nowhere in the convention does it state that the
term 'red cross' should receive special trademark
protection.
So we should really be careful when taking things out of
context – the Geneva conventions are not trademark
conventions.
Cheers
KK