NCUC-STI comments

Tue Mar 30 10:43:13 CEST 2010

Dear all,

- apologies for the long email -

The time is upon us to submit our comments on the revised versions of the

ICANN staff on the recommendations submitted by the Special Trademark Team

(STI) in January 2010. I know that I should have submitted this to you earlier on, but may I remind everyone that the deadline is April 1, 2020 for the submission of comments. I would appreciate if you could return your comments/suggestions to me by tomorrow at the very latest.

Here is a brief reminder of the whole process.

After the rejection of the Implementation Recommendation Team (IRT)

proposals during the public comment period, ICANN produced two documents -

one of the Trademark Clearinghouse (TMC) and the other on the Uniform Rapid

Suspension (URS) system and asked the GNSO to form a team to review these

documents. The GNSO created the STI, which comprised of representatives from

all its constituencies. NCUC was represented in this team by Robin, Kathy,

Wendy and myself, with Mary being the alternate member.

The STI was tasked to either accept the Staff's proposals or reach consensus

on a new set of proposals. After a month of extensive meetings and debate, we managed to

produce two documents - one on the TMC and the other on the URS - which in

their majority received the consensus of the STI (most of the particular

issues of both proposals received unanimous consensus, whilst some specific

issues received majority consensus). The final STI report can be found here:

gnso.icann.org/issues/sti/sti-wt-recommendations-11dec09-en.pdf

After the STI submitted its report and was endorsed by the GNSO, a public

comment period was initiated -

http://forum.icann.org/lists/sti-report-2009/. In the meantime, in its

Nairobi meeting, the ICANN Board endorsed the STI's recommendations:

http://www.icann.org/en/minutes/resolutions-12mar10-en.htm.

Taking into account the public comments, the ICANN staff produced - what

they called - a revised document on both proposals, seeking to take into

consideration the STI recommendations as well as the comments received

during the public comments period. These new revised proposals can be found

at: for the TMC ( http://www.icann.org/en/public-comment/#tmc) and for the

URS ( http://www.icann.org/en/public-comment/#urs) and they are now open for

a public comments period. The deadline for submission of the comments is

April 1, 2010.

Generally speaking the revised proposal takes into consideration most of the

issues that the STI recommended. However, there are some specific issues, in

which the new recommendations are worst and additions have been made which

are arbitrary and - at some instances - even illegitimate.

I am attaching our comments for both the URS and the TMC.

Best

KK

Dr. Konstantinos Komaitis,
Law Lecturer,
University of Strathclyde,
The Law School,
The Lord Hope Building,
141 St. James Road,
Glasgow, G4 0LT
UK
tel: +44 (0)141 548 4306
http://www.routledgemedia.com/books/The-Current-State-of-Domain-Name-Regulation-isbn9780415477765
Selected publications: http://hq.ssrn.com/submissions/MyPapers.cfm?partid=501038
Website: http://domainnamelaw.ning.com/

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.ncuc.org/pipermail/ncuc-discuss/attachments/20100330/878a4e74/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: NCUC-STI comments (TMC and URS).doc
Type: application/msword
Size: 48128 bytes
Desc: NCUC-STI comments (TMC and URS).doc
URL: <http://lists.ncuc.org/pipermail/ncuc-discuss/attachments/20100330/878a4e74/attachment.doc>