Protection of IOC/IFRC Names - Drafting Team Recommendations

[Alain Berranger]

Hi Mary,

Thanks for that clear and comprehensive note. It fully reflects my personal
understanding of NPOC's position except for temporary reservation. That
said, we must join the NCSG consensus, as Avri has just explained to me -
silence is agreement as per our Charter. I do not recall the NCSG-PC
meeting but it was probably for me to miss.

Best, Alain

On Tue, Oct 2, 2012 at 3:40 PM, <Mary.Wong at law.unh.edu> wrote:

>  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
> *<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)* <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*<Policy-staff at icann.org?subject=More%20information%20on%20the%20Protection%20of%20International%20Olympic%20Committee%20%28IOC%29%20/%20Red%20Cross%20Names%20%28RCRC%29%20Drafting%20Team%20%E2%80%93%20Recommendations%20public%20comment%20period>
> ****
>
> 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*<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
>
>
>
>
>


-- 
Alain Berranger, B.Eng, MBA
Member, Board of Directors, CECI,
http://www.ceci.ca<http://www.ceci.ca/en/about-ceci/team/board-of-directors/>
Executive-in-residence, Schulich School of Business, www.schulich.yorku.ca
Treasurer, Global Knowledge Partnership Foundation, www.gkpfoundation.org
NA representative, Chasquinet Foundation, www.chasquinet.org
Chair, NPOC, NCSG, ICANN, http://npoc.org/
O:+1 514 484 7824; M:+1 514 704 7824
Skype: alain.berranger


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