Protection of IOC/IFRC Names - Drafting Team Recommendations

[Mary.Wong at LAW.UNH.EDU]

Everyone, just a few additional notes on this topic: 

- throughout the Drafting Team (DT) process, NCSG representatives
consistently brought up the broader issue of protections for
international governmental organizations (IGOs - as requested by some of
these to the ICANN Board recently) and other international
non-governmental organizations (as brought up by NPOC members and
representatives at the ICANN Costa Rica meeting and this listserv, among
other places.) 

- in the end, the DT thought that recommending a PDP that specifically
includes IGOs and other organizations went beyond its original mandate,
which was to deal with IOC and IFRC names. Nonetheless, the transcripts
and recordings of the DT meetings will show that the DT acknowledged
that since a Final Issue Report on the IGO issue is going to be
presented to the GNSO Council, it is up to the Council to decide (1)
whether to launch a PDP of whichever type/scope; and (2) the precise
scope of such a PDP, e.g. whether to include IGOs and other
organizations, as urged by NPOC and some NCUC members. 

- at that point, the ICANN community can (and should) weigh in on the
merits of a PDP that is broader in scope than what the DT is
specifically recommending w.r.t. the IOC/IFRC issue it was tasked to
examine. 

- NCSG representatives also consistently made it clear that most NCSG
members (i.e. NPOC and NCUC) support a PDP, and that many support a
broader PDP beyond just the IOC/IFRC issue. 

Finally, NCSG representatives submitted a formal minority statement to
the DT report. It has been included in the full DT report and can be
found here:   http://forum.icann.org/lists/gnso-iocrc-dt/msg00605.html 

I hope the above clarifies the positions that have been taken, on
behalf of the entire NCSG membership, by our representatives to the DT.
In sum, we have said that NCSG supports a PDP (and that many of our
members from both Constituencies support a broad PDP that includes more
than just the IFRC and IOC names), and that we oppose a temporary
reservation/block on the IFRC and IOC names in the interim. 

These positions are consistent with the discussion that has taken place
on this listserv, reflect what we believe to be the general consensus
among our members - all of which have had equal and ample opportunity to
weigh in on this issue in the past few months - and have been approved
by the NCSG's Policy Committee, which operates on a consensus basis and
which includes our GNSO Councilors and representatives from both
Constituencies. 

Cheers 
Mary 


Mary W S Wong
Professor of Law
Director, Franklin Pierce Center for IP
Chair, Graduate IP Programs
UNIVERSITY OF NEW HAMPSHIRE SCHOOL OF LAW
Two White Street
Concord, NH 03301
USA
Email: mary.wong at law.unh.edu
Phone: 1-603-513-5143
Webpage: http://www.law.unh.edu/marywong/index.php
Selected writings available on the Social Science Research Network
(SSRN) at: http://ssrn.com/author=437584  


>>> 


From:  
Robin Gross <robin at IPJUSTICE.ORG> 

To: 
<NCSG-DISCUSS at LISTSERV.SYR.EDU> 

Date:  
10/2/2012 2:55 PM 

Subject:  
[NCSG-Discuss] Fwd: [liaison6c] Protection of International Olympic
Committee (IOC) / Red Cross Names (RCRC) Drafting Team - Recommendations


Begin forwarded message: 





From: Glen de Saint Géry <Glen at icann.org> 

Date: October 1, 2012 3:17:26 PM PDT 

To: liaison6c <liaison6c at gnso.icann.org> 

Subject: [liaison6c] Protection of International Olympic Committee
(IOC) / Red Cross Names (RCRC) Drafting Team - Recommendations 



https://www.icann.org/en/news/public-comment/ioc-rcrc-recommendations-28sep12-en.htm

Protection of International Olympic Committee (IOC) / Red Cross Names
(RCRC) Drafting Team – Recommendations 

Comment/Reply Periods (*) 

Important Information Links 

Comment Open: 

28 September 2012 

Comment Close: 

19 October 2012 

Close Time (UTC): 

23:59 UTC 

Public Comment Announcement (
https://www.icann.org/en/news/announcements/announcement-28sep12-en.htm
) 

Reply Open: 

20 October 2012 

To Submit Your Comments (Forum) (
mailto:ioc-rcrc-recommendations at icann.org ) 

Reply Close: 

9 November 2012 

View Comments Submitted (
http://forum.icann.org/lists/ioc-rcrc-recommendations/ ) 

Close Time (UTC): 

23:59 UTC 

Report of Public Comments 

Brief Overview 

Originating Organization: 

GNSO 

Categories/Tags: 

Top-Level Domains 

Second-Level Domains 

Policy Process 

Intellectual Property 

Purpose (Brief): 

The IOC/RCRC Drafting Team (DT) requests community comment on the
latest recommendations created for second level protections of names
relating to the International Olympic Committee and the Red Cross/Red
Crescent. 

Current Status: 

Open for Public Comment 

Next Steps: 

The Drafting Team's recommendations will be updated to reflect
community feedback submitted through this forum and via final agreement
of the Drafting Team members. Final recommendations will then be
presented to the GNSO Council for its consideration. 

Staff Contact: 

Brian Peck, Margie Milam 

Email: 

Policy-staff at icann.org 

Detailed Information 

Section I: Description, Explanation, and Purpose 

As a result of IOC/RCRC being granted top level protections for the
first round of the new gTLD program, the IOC/RCRC Drafting Team was
further tasked to consider whether the same protections should be
afforded at the second level prior to the first delegation of a new
gTLD. Since the beginning of 2012, the IOC/RCRC Drafting Team (DT) has
deliberated about possible second level protections and how to respond
to the GAC's request for protections. The DT now submits the
recommendations formulated by the DT and makes them available for public
comment before final submission to the GNSO Council.  
Note from the IOC/RCRC Drafting Team Chair:
These recommendations are being posted at the request of the Drafting
Team. Although some members of the Drafting Team believe that a PDP is
not necessary at this time to grant second level protections for the
IOC/RCRC, a consensus of the DT does in fact agree that a PDP represents
an appropriate compromise on this issue. With respect to the
Recommendations #2 and #3 (temporary protection at second level), there
is strong support amongst the Drafting Team for those recommendations
with opposition from the Non-commercial Stakeholder Group and Thomas
Rickert. A copy of statements from certain constituencies, stakeholder
groups, and/or individuals is attached as appendices to the
recommendations.  

Section II: Background 

The ICANN Board had requested policy advice from the GNSO Council and
the GAC on whether special protections should be afforded to the RCRC,
IOC and/or IGOs. Specifically, in its Singapore resolution, the Board
authorized the President and CEO to implement the New gTLD Program
"which includes the following elements: "the 30 May 2011 version of the
Applicant Guidebook, subject to the revisions agreed to with the GAC on
19 June 2011, including: ...(b) incorporation of text concerning
protection for specific requested Red Cross and IOC names for the top
level only during the initial application round, until the GNSO and GAC
develop policy advice based on the global public interest....."  
During September 2011, the GAC also sent advice to the GNSO with a
proposal for granting second level protections based upon the
protections afforded to IOC/RCRC at the first level. In the same month,
section 2.2.1.2.3 was added to the latest version of the new gTLD
Applicant Guidebook dated 19 September 2011.  
As a result of the GAC proposal submitted to the GNSO, the GNSO Council
created a call for volunteers to form a drafting team about creating a
response to the GAC. The IOC/RCRC Drafting Team was formed has since
created a set of recommendations for protecting the IOC/RCRC names at
the second level and includes an outline for a response to the GAC from
the GNSO. The Drafting Team now wishes to solicit feedback from the
community prior to submission of the recommendations to the GNSO
Council.  
See the IOC/RCRC Drafting Team page for more detail at:
http://gnso.icann.org/en/group-activities/red-cross-ioc.htm  

Section III: Document and Resource Links 

IOC/RCRC Drafting Team Recommendations Report (
http://gnso.icann.org/en/issues/ioc-rcrc-recommendations-28sep12-en.pdf
) [PDF, 152 KB] 

Section IV: Additional Information 

None 






   

(*) Comments submitted after the posted Close Date/Time are not
guaranteed to be considered in any final summary, analysis, reporting,
or decision-making that takes place once this period lapses.  
   

   

Glen de Saint Géry 

GNSO Secretariat 

gnso.secretariat at gnso.icann.org 

http://gnso.icann.org 

  
 








IP JUSTICE 

Robin Gross, Executive Director 

1192 Haight Street, San Francisco, CA  94117  USA 

p: +1-415-553-6261    f: +1-415-462-6451 

w: http://www.ipjustice.org     e: robin at ipjustice.org 





-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.ncuc.org/pipermail/ncuc-discuss/attachments/20121002/2016320e/attachment-0001.html>