[NCSG-Discuss] Input requested by GNSO Standing Committee on Improvements

Mary.Wong at LAW.UNH.EDU Mary.Wong at LAW.UNH.EDU
Wed Mar 20 16:47:35 CET 2013


Hi all - I thought I had sent the request below but cannot seem to locate it so I apologize if I did not. The GNSO's Standing Committee on GNSO Improvements (SCI) is requesting SG and constituency feedback on a proposal for dealing with whether, when and how a motion may be re-submitted for re-voting to the GNSO Council. The proposal follows, as does a brief explanation of why this is an issue. 
Alternative #1.  Leave up to discretion of the Chair 
OR
Alternative #2.  Comply with ALL the following criteria, in this order: 

(1)  Re-submitting Councilor must provide reasoning to justify the resubmission of a motion, no later than the usual deadline for submitting an original motion --  8 days prior to  the next GNSO Council meeting. 
(2)  The text of the re-submitted motion must be published, no later than the usual deadline for submitting an original motion --  8 days prior to  the next GNSO Council meeting. 
(3)  The re-submitted motion must have a seconder from each house as a prerequisite for placing the issue of whether the Council will even accept a re-submission on the consent agenda at the next GNSO Council meeting. 
(4)  Any Councilor can ask for the acceptance of re-submission to be taken off the consent agenda -- in which case the question whether or not the re-submission should even be accepted goes automatically to a Council vote on whether to accept the re-submission.NOTE: all this is just to decide if the act of re-submission itself is accepted -- the actual substance of the motion does not get discussed, or put to a vote, until such acceptance has taken place.CONTEXT:At a recent Council meeting, a motion was voted on and defeated because two Councilors abstained without realizing that an abstention under the GNSO Council rules is automatically deemed to be a No vote. The question then became whether the motion could be re-submitted and re-voted on, at which point it became clear that the GNSO Council rules and procedures do NOT currently have a process in place to deal with the question. The SCI was therefore asked to look at the issue and recommend such a process.Thanks and cheersMary 

Mary W S Wong
Professor of Law
Faculty Chair, Global IP Partnerships
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


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