[NCSG-Discuss] ICANN is bottom-up, except for when it is top-down. Fwd: Memorandum on the Trademark Clearinghouse ³Strawman Solution²

[Mary.Wong at LAW.UNH.EDU]

Thanks much, David. I think it would be very informative for our
members if we can get some sense from the Council (and thus the rest of
the GNSO community) as to whether any, some or all of the instances I've
mentioned (and which have also been highlighted by Robin and others) are
thought to be problematic for the GNSO's role and policy scope; and if
so, whether there is any interest in doing anything about it. 

Cheers 
Mary


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


>>> 


From:  
David Cake <dave at DIFFERENCE.COM.AU> 

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

Date:  
3/25/2013 4:52 AM 

Subject:  
Re: [NCSG-Discuss] ICANN is bottom-up, except for when it is top-down.
Fwd: Memorandum on the Trademark Clearinghouse ³Strawman Solution² 



On 22/03/2013, at 10:00 PM, Mary.Wong at LAW.UNH.EDU wrote: 





It seems to me that there may be a good topic for the SG to raise with
the Board here during the Board-NCSG meeting in Beijing. Several recent
developments such as: (1) the Board's unilateral contract amendment
power for both Registry and Registrar Accreditation Agreements; (2) the
sudden introduction of the PIC Specification (presumably related to GAC
pressure); (3) the imposition of a to-be-determined new WHOIS policy;
and, now, (4) the adoption of much of the TM "strawman" proposal - all
call into question the relevance and sanctity of the GNSO's policy
development processes. 



This relates also to the whole "policy vs implementation" discussion
that's ongoing. 



Two ideas for the group to consider, therefore: 



(1) [To our Councilors] Will the GNSO Council stand aside and allow
these process runarounds to occur? 
 



As a councillor, I feel very strongly about the strawman decision,
especially the '+50' decision. We haven't discussed specific action yet,
but I'm sure it will be discussed in Beijing, and I will be pushing for
the strongest possible objection from the council. 




Regards 



David 
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