.bio

Status:	Proposed
Type:	Generic
Category:	Industry
Priority #:	908 - Starting Dot
More information:

.bio is a proposed TLD in ICANN's New gTLD Program. Starting Dot, a French-based start-up registry company is the only applicant. As a stand-alone word, “bio” means “life” generally, and as a prefix ‘bio’ precedes dozens of words ranging from biography to bioclimatology, biodegradable, biodynamics, bioengineering, biomedical, biometrics, biosystematics, biotelemetry, etc. However, “bio” means “organic”, as in organic farming, in over 10 languages covering 52 nations. Thus, to respect the European Union's standards for 'bio' /organic food, this open TLD will have regulations in place for registrants intending to use it as a space for organic food products. The rest of the non-organic related TLD will not be regulated.

The French GAC representative issued a GAC Early Warning regarding the application. The warning system is noted as a strong recommendation on behalf of national governments to the ICANN Board that a given TLD application should be denied as it stands. Applicants are encouraged to work with objecting GAC members.

The French warning notes the wide range of international standards on agricultural products and organic food, and consequently believes that the TLD can not be implemented unless it is not at all used to denote material related to organic agriculture. It warns of consumer harm or confusion if the TLD were to be implemented.

European Commission Communiqué

The European Commission flagged the application for .bio outside of ICANN's defined remediation processes.

Just after ICANN's GAC issued its Early Warnings, which are advice given from one GAC member country to an applicant warning it of potential issues within its application, the European Commission issued a letter to all applicants within the new gTLD program. The letter highlights 58 applications that "could raise issues of compatibility with the existing legislation .. and/or with policy positions and objectives of the European Union." It notes a desire to open a dialogue with each offending applicant.

The Commission specifically notes that this objection is not a part of the GAC Early Warning process, and goes on to note that "the Commission does not consider itself legally bound to [ICANN] processes," given that there is not legal agreement between the two bodies.

Community Objection

The Biotechnology Industry Organization filed a community objection against this application. This objection was later withdrawn by the objector.

=Legal Rights Objection

The Biotechnology Industry Organization also filed a Legal Rights Objection against this application. WIPO panelist Christopher J. Pibus determined that the applicant prevailed, and the objection was dismissed. The panelist decided that: "the Objector has failed to make out its case under the first criteria of Section 3.5.2 of the Guidebook. The evidence does not establish that the Respondent’s use of the <.bio> string will take unfair advantage of the distinctive character or reputation of the Objector’s BIO trade-marks."

Application Details

Excerpts from response to Question 18:
"“Bio” comes from the Greek prefix “bio” which means life or living organism and from which a large number of words have derived, including but not limited to “biology”, “biophysics” and “biopsy”.

In at least 8 languages spoken in 52 countries, “bio” is also used as short form of words meaning organic farming:

• “bio” is the short form of “agriculture biologique” in French;
• “bio” is the short form of “Produkte aus biologischer Landwirtschaft” in German;
• “bio” is the short form of “agricoltura biologica” or “prodotto bio” in Italian;
• “bio” is the short form of “Biopotravina” in Czech;
• “bio” is the short form of “bioélelmiszerek” in Hungarian;
• “bio” is the short form of “Agricultura Biológica” in Portuguese;
• “bio” is also used as short form of words meaning organic farming in Norwegian and Dutch.

“Bio” has clearly different meanings and may refer to organic farming and organic products as well as to biotechnology, biomedical technologies and other fields of life sciences.

Organic refers to the way
agricultural products, 
food and fiber, are grown and
processed. Organic production is based on a system of farming that maintains and replenishes soil fertility without the use of toxic and persistent pesticides and fertilizers. The use of genetic engineering, sewage sludge, cloning, and irradiation are prohibited in organic production and processing. Consumer demand for organic products has widened over the last decade, which is reflected by the continued growth of the organic industry. The organic industry, mostly organic farming and organic food production⁄distribution, are governed by national and international standards and legislations. Life Sciences encompass companies in the fields of biotechnology, pharmaceuticals, biomedical technologies, life systems technologies, nutraceuticals, cosmeceuticals, food processing, environmental, biomedical devices, and organizations and institutions that devote the majority of their efforts in the various stages of research, development, technology transfer and commercialization. The key utility and aim of the .bio gTLD is to provide for a focused name space that will serve all industries and business segments covered by the word “bio” while ensuring that organic legislations are respected....

In order to manage and control eligibility of registrants involved in the production or distribution of organic products, Starting Dot will draft an EPP extension named ‘accept-policy-dotbio’. This EPP extension will indicate in the .bio registry whether a registrant is involved or not in organic production or⁄and distribution and therefore certifies complying with existing national and international organic standards and legislations as set forth in the .bio domain name registration policies."

Top-Level Domain

Governmental Advisory Committee. Considers and provides advice on the activities of ICANN as they relate to concerns of governments, particularly matters where there may be an interaction between ICANN's policies and various laws and international agreements or where they may affect public policy issues (ICANN Bylaws).