Update on the GNSO/STI - rights protection mechanisms

[Konstantinos Komaitis]

 Dear all,
>  
>  I am attaching the latest version of the working Œstrawman¹ for the Trademark
> Clearinghouse (TC) and the Uniform Rapid Suspension System (URS) regarding the
> new gTLDs. Here is where we are now:
>  
>  In June 2009, the IRT submitted its final report on rights  protection
> mechanisms, amongst which they suggested the creation of a Clearinghouse to
> assist trademark owners in protecting their rights at the pre-launch
> registration phase and a Uniform Rapid Suspension system for those egregious
> cybersquatting instances. The report can be found at:
> http://www.icann.org/en/public-comment/public-comment-200906.html#irt-report.
>  
>  After the period of public comments and the rejection of the IRT by the wider
> community, the ICANN staff proceeded to a re-drafting of some of the IRT
> recommendations ­ the Clearinghouse and the URS. Both documents can be found
> at: 
> http://www.icann.org/en/topics/new-gtlds/draft-proposed-procedure-tm-clearingh
> ouse-04oct09-en.pdf
>  and
>  
> http://www.icann.org/en/topics/new-gtlds/draft-proposed-procedure-urs-04oct09-
> en.pdf.
>  
>  Following initial reactions on the staff recommendations, the ICANN staff
> requested the GNSO to review the Staff proposal and ideally reach a consensus
> on whether to: a) accept these as suggested by staff or b) recommend new ones.
> One key issue: should consensus fail, the ICANN staff have the discretion to
> decide on how to proceed ­ taking into consideration the non-consesus
> recommendations of the GNSO-constructed team. The letter requesting the GNSO
> to deliberate on these issues can be found at:
> http://gnso.icann.org/correspondence/beckstrom-to-gnso-council-12oct09-en.pdf.
>  
>  The GNSO was given a tight deadline, until December 14, 2009. During the
> ICANN Seoul meeting, the GNSO authorized the creation of the STI ­ a Special
> Trademark Interest team consisting of representatives of the GNSO
> constituencies. The NCUC/NCSG is represented by: Kathy Kleiman, Wendy Selzer,
> Robin Gross and Konstantinos Komaitis.
>  
>  Today the STI has met 9 times, once in Seoul and twice each week since then
> via telephone conferences. As of today we have consensus on most of the
> issues, but there are still major issues that we are debating on. We are
> working based on two Œstrawman¹ positions, one for the Clearinghouse and one
> for the URS; each point is (or has been) discussed extensively and we continue
> to refine the Œstrawmans¹ until we have reached consensus ­ or some middle
> ground. 
>  
>  Generally, there has been a lot of progress. The proposals are more balanced
> and there is more safeguards for due process. We all have taken all of our
> discussions on board (both in Seoul and in the mailing list) to address the
> concerns of individual registrants, NGOs and entrepreneurs. We have sought to
> learn from the mistakes of the UDRP and create a process with more checks and
> balances.  
>  
>  The STI is asked to deliver to the GNSO its final report on December 7, 2009
> ­ although it looks like this might be postponed for a couple of days with the
> agreement of the GNSO. There is a general agreement that if by that time the
> STI has not managed to reach consensus, but it can, provided there is more
> time, the report will be submitted but the STI might meet for a face-to-face
> meeting to finalize it (some time early January).
>  
>  We are really working on a tight deadline, so I think that during the work of
> the STI you have the opportunity to review the points of consensus.
>  
>  
>  Thank you.
>  
>  Konstantinos
>  
 PS: some points might be difficult to decipher (following the
ICANN-abbreviated world) but the links provided might help.
-- 
Dr. Konstantinos Komaitis,
Lecturer in Law,
GigaNet Membership Chair,
University of Strathclyde,
The Lord Hope Building,
141 St. James Road,
Glasgow, G4 0LT,
UK
tel: +44 (0)141 548 4306
email: k.komaitis at strath.ac.uk 

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