Dear Evan, Many thanks for the added part on PDPDR. It is terrific. For substantive evaluation, I do see your point but still cannot go with GAC. No rule-making can satisfy all the parties and interests. We can only stick to our priority and focus. If at-large has to pick a side between trademark registrants and new gTLD applicants, I'd rather choose the latter if free speech and free flow of information are implicated by the trademarks. Indeed trademark registrations varies significantly among territories. In some territory, a trademark registration can be completed in roughly 4 days and an applicant can literally register any character or device, even though some are extremely inappropriate for the registrants to obtain the exclusive rights. If GAC model is adopted, these non-evaluated registrations would be as valid as other "real" registrations, which may be convenient for trademark registrants to fight against new gTLD strings. But why should ICANN policy be so trademark-friendly? Absolutely no race among regions-:) Particularly I've not seen anyone joining me from my Region-:( Hong On Wed, Mar 23, 2011 at 10:18 PM, Evan Leibovitch <evan@telly.org> wrote:
On 23 March 2011 08:16, Hong Xue <hongxueipr@gmail.com> wrote:
My comments have been posted on the page. Again I haven't heard anything from APRALO list. But at least I for one have commented from AP at-large.
Hi Hong,
I have two responses to your comment:
On the issue of "substantive evaluation", the GAC point was that not every country has that level of scrutiny on its own nation's trademarks, and that these countrry's trademarks should not be invalidated (for these purposes) due to lack of such evaluation. Can we suggest an alternate wording that addresses this?
I have incorporated your views on the PDDRP and hope you find them sufficiently strong.
Thank you for your timely and effective input! This is not a race between regions; I am simply trying to get as much community input as possible, as quickly as possible.
- Evan
-- Dr. Hong Xue Professor of Law Director of Institute for the Internet Policy & Law (IIPL) Beijing Normal University http://www.iipl.org.cn/ <http://iipl.org.cn/> 19 Xin Jie Kou Wai Street Beijing 100875 China