Misuse of Red Cross Red Crescent emblems on the Internet

Statement notes delivered by Christopher Lamb, Head, Humanitarian Advocacy Department, at the First Special Session on the Report of the Second World Intellectual Property Organization (WIPO) Internet Domain Name Process
29 November 2001



The International Federation is honored to have the opportunity to attend this session, and address this important subject.

The International Federation speaks as an international organization of a special kind, formed from National Red Cross and Red Crescent Societies, which are not NGOs, but entities created (usually by legislation) as a direct result of their nation's ratification of or accession to the 1949 Geneva Conventions.

Much work is ahead of WIPO and all others concerned with this subject, both with respect to generic Top Level Domain (gTLDs) and country code Top Level Domains (ccTLDs).

Domain name issues are of great importance to all components of the Movement as the Internet grows and becomes the world's most important vehicle for the sharing of information and knowledge.

We have done some initial research into the problems of domain name misuse, concentrating at first on gTLDs.
This already discloses the possibility of hundreds of examples of misuse of gTLDs, Misuse which possibly contravenes the Geneva Conventions of 1949, and national law as well. To give one example of current concern to us, the gTLDs website <caribredcross.org> is a pornography site.

This misuse prejudices the ability of the Red Cross Red Crescent Movement to conduct its activities in accordance with the Fundamental Principles (accepted by both governments and National Societies. At worst, this misuse can jeopardize the implementation of international humanitarian law.

The Red Cross Red Crescent is quite different from most of those being discussed at this session. The Red Cross and Red Crescent names and emblems are not trademarks or covered by patents. Under Article 53 of the First Geneva Convention, Governments have accepted an obligation to prohibit their unauthorized use.

National law in many countries makes misuse an offence, but nevertheless we appreciate that the problems now being faced should be much reduced by the work WIPO is doing towards the enhancement of the Uniform Domain Name Dispute Resolution Policy (UDRP).

The International Federation looks forward to contributing to the work of this First Special Session, and hopes that the outcomes will assist it, the ICRC and National Societies obtain better protection for the names and emblems of the Red Cross and the Red Crescent. National Societies and all components of the Movement will be informed of these outcomes and opportunities available to consult relevant authorities in their countries should there be similar problems with country code Top Level Domain names (ccTLDs).


Note:
Generic Top Level Domain Names of most concern to the National Societies and the Movement are those that end with the suffixes .COM, .ORG, and .NET. There is less likelihood of difficulty with the other existing gTLDs, .EDU, .GOV, .MIL and .INT.

There are, however, new suffixes now being introduced which will be of concern, perhaps especially .INFO. We are, however, alert to the possibility of confusion and misuse being generated by the other new gTLDs, .BIZ, .AERO, .PRO, .COOP, .MUSEUM and .NAME.