New non-Latin alphabet scripts in the international domain

9 Dec 2009

Mark Gavin

Authors
Mark Gavin
Categories
Intellectual Property
As a predominantly English speaking country, the Latin alphabet is an all-encompassing aspect of communication. Its use as the sole internet domain script has most likely never seemed problematic. But how does this sit with more than half of the world’s internet users who live by non-Latin alphabet scripts?

This has been an issue since the inception of the internet. It is now all to change.

IDN ccTLDs - Internationalized Domain Name extensions for country code Top Level Domains

On 16th November 2009, the International Corporation for Assigned Names and Numbers (ICANN) formally introduced the IDN ccTLD Fast Track Process. Internationalization of ccTLDs, existing examples being .nz, .us, and .au; will allow the representation of additional ccTLDs in non-Latin Alphabet Script. Russian, Chinese and Arabic language users are believed to be the first to implement this opportunity to internationalize domain names. In fact, Russia has announced a future Cyrillic equivalent to the ccTLD .rf.

One ccTLD will be permitted per official language per country or territory. An official language does not include that which is based on the Latin script, either in a basic form or with diacritics. Furthermore it must be meaningful in its relative country or territory.

This Fast Track Process will not be the only opportunity to introduce IDN ccTLDs. A long term process is undergoing development concurrent with the implementation of the Fast Track Process; aiming to incorporate experience gained.

Effect of IDN ccTLDs

The establishment and use of domain names in a native language and scripts will enable new opportunities and benefits for internet users. It is ICANNs intention to create a more globally inclusive Internet and allow brand owners to market goods and services more effectively.

With every benefit comes a risk, and IDNs are no exception. Latin character trade marks in countries or territories requesting IDN ccTLDs are susceptible to registration as IDNs in non-Latin script. To ensure one’s commercial interest and exclusivity in the Latin trade mark it is necessary to register a domain name in the new IDN ccTLD format. Cyber squatting may prevent or increase the costs of registration; therefore registration should be undertaken as soon as possible.

Another concern is the abusive use character resemblance in domain names. This issue has caused problems in the past.  However, the advent of non-Latin characters could further mislead people into believing a domain name is connected with an existing brand name. Even the most cautious reader may be diverted by the substitution of the Russian letter e in place of its visually indistinguishable English counterpart.

A key question is whether existing registered domain names will be ensured the position of registrant of that same domain name translated for all languages. In other words, should Intellectual Property protection be aliased and expand to transliteration of a mark? The answer depends on whether existing registry operators of ccTLDs implement aliasing as a registration policy. This will afford protection to domain names under the pre-existing ccTLD model as well as the new IDN ccTLD.

EU Domain Names
 
EU domain names featuring non-Latin alphabet characters will be open for registration on December 10 2009. This will have a significant effect on the 27 member states, within which 23 official languages exist; introducing characters such as the German umlaut (ü) and French accents (é).

Summary

Due to the increasing involvement of the internet in everyday life and transactions, the “Universal Network” can no longer dominate. Exceptions to accommodate non-Latin alphabet scripts must be made. Intellectual property rights can only be protected by early action, public awareness, and stringent registration standards.

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