Update on TM Rights Protection Mechanisms Negotiations
Today the 3 days of off line negotiations and reaching out to the ALAC and NCSG on the issue of the IRT Report and the RPMs were successful. 3 hours of discussion (with the help of the ALAC- Alan and Cheryl) on Monday with NCSG reps (Kathryn Kleiman and Konstantinos Komaitis) followed by discussions through yesterday were successful in providing background and a context to the BC position on the IRT Report. Initially on the Council list the NCSG had indicated and unwillingness of the IRT being available as a resource. Summary of points for discussion that were discussed were (subject to them being taken back to the NCSG): Welcome the IRT and other resources being available to the GNSO Working Group working on the Board's letter regarding the RPMs (ie. STI review team). At the session on Thursday (today) express the willingness that NCSG had for reaching out constructively to the GNSO community (language discussed included reaching common ground). The GNSO passed a Resolution today with the support of the NCSG stating: The assistance of members of the IRT in answering questions about the IP Clearinghouse and Uniform Rapid Suspension System recommendations may be useful to this work. The GNSO Council requests that members of the IRT who worked on those recommendations be available to answer any such questions that may arise; I believe that possibly a more integral part than the discussion with Kathy in achieving this was the efforts of members from other Constituency(s) that may have helped mediate this resolution through. In today's session on Trademark Protection and new gTLDs (transcript attached): Kathy responded positively and at the end of her first intervention stated: '....we in the NCUC want to work with you. We want to establish common ground, and we wish the best of luck for all of us in this expedited process.' She even went as far as saying in regards the IRT URS recommendation for Appeal: '.....and I have to say it, and I guess I'm on the record, the IRT kind of got this one right and let's go back to that.' This was met with equal good will by CSG members: J. Scott, now President of the IPC said: 'I worked with Kathy Kleiman, and we drafted the UDRP final version with Louis Touton and a group of other talented people, many of whom are here today................We just want to solve a problem. That's what we're here to do. We want to work with registries, registrars, NCUC. That's what we're here for. We're problem solvers. We want to solve the problem. Thank you for the opportunity, and we look forward to working together in the near future. Zahid Jamil BC Councillor said: 'First of all, I would like to acknowledge and thank Kathy for the NCUC's constructive invitation to work with goodwill. We look forward to the sentiment continuing in the GNSO. So thank you for that..........' With respect to several aspects of the IRT Solutions it seems that NCSG and BC may be able to find common ground. I am sure there must have been much discussion in the NCSG itself about taking these positions after discussing matters with the BC and other individuals. So Kudos to Kathy and Kostantino for achieving success for not letting down our discussions from Monday for which I have thanked them. Efforts of Alan and Cheryl to set up some of the atmosphere for the interaction also helped. Also in other private discussions this evening with some ALAC reps it seems that there may be even more common ground possible with the BC positions. This sentiment seems to have created an atmosphere which may enable some parties with divergent views reaching consensus on some aspects at least. I hope this interaction will also help BC, NCSG and ALAC collaborating on other issues in the future. Through private meetings tomorrow leading up to the STI session I hope this sentiment continues. Will report back after tomorrows STI meeting. Sincerely, Zahid Jamil Barrister-at-law Jamil & Jamil Barristers-at-law 219-221 Central Hotel Annexe Merewether Road, Karachi. Pakistan Cell: +923008238230 Tel: +92 21 5680760 / 5685276 / 5655025 Fax: +92 21 5655026 <http://www.jamilandjamil.com/> www.jamilandjamil.com Notice / Disclaimer This message contains confidential information and its contents are being communicated only for the intended recipients . If you are not the intended recipient you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this message by mistake and delete it from your system. The contents above may contain/are the intellectual property of Jamil & Jamil, Barristers-at-Law, and constitute privileged information protected by attorney client privilege. The reproduction, publication, use, amendment, modification of any kind whatsoever of any part or parts (including photocopying or storing it in any medium by electronic means whether or not transiently or incidentally or some other use of this communication) without prior written permission and consent of Jamil & Jamil is prohibited.
Forgot to mention: Steve Del Bianco also played a great role in speaking to Kathy yesterday and today. Thanks Steve! Sincerely, Zahid Jamil Barrister-at-law Jamil & Jamil Barristers-at-law 219-221 Central Hotel Annexe Merewether Road, Karachi. Pakistan Cell: +923008238230 Tel: +92 21 5680760 / 5685276 / 5655025 Fax: +92 21 5655026 <http://www.jamilandjamil.com/> www.jamilandjamil.com Notice / Disclaimer This message contains confidential information and its contents are being communicated only for the intended recipients . If you are not the intended recipient you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this message by mistake and delete it from your system. The contents above may contain/are the intellectual property of Jamil & Jamil, Barristers-at-Law, and constitute privileged information protected by attorney client privilege. The reproduction, publication, use, amendment, modification of any kind whatsoever of any part or parts (including photocopying or storing it in any medium by electronic means whether or not transiently or incidentally or some other use of this communication) without prior written permission and consent of Jamil & Jamil is prohibited. From: owner-bc-gnso@icann.org [mailto:owner-bc-gnso@icann.org] On Behalf Of Zahid Jamil Sent: Thursday, October 29, 2009 12:14 AM To: 'bc - GNSO list' Subject: [bc-gnso] Update on TM Rights Protection Mechanisms Negotiations Today the 3 days of off line negotiations and reaching out to the ALAC and NCSG on the issue of the IRT Report and the RPMs were successful. 3 hours of discussion (with the help of the ALAC- Alan and Cheryl) on Monday with NCSG reps (Kathryn Kleiman and Konstantinos Komaitis) followed by discussions through yesterday were successful in providing background and a context to the BC position on the IRT Report. Initially on the Council list the NCSG had indicated and unwillingness of the IRT being available as a resource. Summary of points for discussion that were discussed were (subject to them being taken back to the NCSG): Welcome the IRT and other resources being available to the GNSO Working Group working on the Board's letter regarding the RPMs (ie. STI review team). At the session on Thursday (today) express the willingness that NCSG had for reaching out constructively to the GNSO community (language discussed included reaching common ground). The GNSO passed a Resolution today with the support of the NCSG stating: The assistance of members of the IRT in answering questions about the IP Clearinghouse and Uniform Rapid Suspension System recommendations may be useful to this work. The GNSO Council requests that members of the IRT who worked on those recommendations be available to answer any such questions that may arise; I believe that possibly a more integral part than the discussion with Kathy in achieving this was the efforts of members from other Constituency(s) that may have helped mediate this resolution through. In today's session on Trademark Protection and new gTLDs (transcript attached): Kathy responded positively and at the end of her first intervention stated: '....we in the NCUC want to work with you. We want to establish common ground, and we wish the best of luck for all of us in this expedited process.' She even went as far as saying in regards the IRT URS recommendation for Appeal: '.....and I have to say it, and I guess I'm on the record, the IRT kind of got this one right and let's go back to that.' This was met with equal good will by CSG members: J. Scott, now President of the IPC said: 'I worked with Kathy Kleiman, and we drafted the UDRP final version with Louis Touton and a group of other talented people, many of whom are here today................We just want to solve a problem. That's what we're here to do. We want to work with registries, registrars, NCUC. That's what we're here for. We're problem solvers. We want to solve the problem. Thank you for the opportunity, and we look forward to working together in the near future. Zahid Jamil BC Councillor said: 'First of all, I would like to acknowledge and thank Kathy for the NCUC's constructive invitation to work with goodwill. We look forward to the sentiment continuing in the GNSO. So thank you for that..........' With respect to several aspects of the IRT Solutions it seems that NCSG and BC may be able to find common ground. I am sure there must have been much discussion in the NCSG itself about taking these positions after discussing matters with the BC and other individuals. So Kudos to Kathy and Kostantino for achieving success for not letting down our discussions from Monday for which I have thanked them. Efforts of Alan and Cheryl to set up some of the atmosphere for the interaction also helped. Also in other private discussions this evening with some ALAC reps it seems that there may be even more common ground possible with the BC positions. This sentiment seems to have created an atmosphere which may enable some parties with divergent views reaching consensus on some aspects at least. I hope this interaction will also help BC, NCSG and ALAC collaborating on other issues in the future. Through private meetings tomorrow leading up to the STI session I hope this sentiment continues. Will report back after tomorrows STI meeting. Sincerely, Zahid Jamil Barrister-at-law Jamil & Jamil Barristers-at-law 219-221 Central Hotel Annexe Merewether Road, Karachi. Pakistan Cell: +923008238230 Tel: +92 21 5680760 / 5685276 / 5655025 Fax: +92 21 5655026 <http://www.jamilandjamil.com/> www.jamilandjamil.com Notice / Disclaimer This message contains confidential information and its contents are being communicated only for the intended recipients . If you are not the intended recipient you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this message by mistake and delete it from your system. The contents above may contain/are the intellectual property of Jamil & Jamil, Barristers-at-Law, and constitute privileged information protected by attorney client privilege. The reproduction, publication, use, amendment, modification of any kind whatsoever of any part or parts (including photocopying or storing it in any medium by electronic means whether or not transiently or incidentally or some other use of this communication) without prior written permission and consent of Jamil & Jamil is prohibited.
I am extremely appreciative of how Zahid and Steve have been managing the interactions and work with the NCUC reps over this important set of issues. The spirit of cooperation is very high, and even as disputes on substance may arise, the collegiality and good will of all involved is impressive. I also wanted to thank Zahid for the detailed updates by email and the quick 'catch ups' that have happened here, organized by a member, Ron Andruff. We have all benefitted from the much greater interaction between members AT a meeting, and the posting with remote members in an ongoing flow for update purposes. THANKS for this great 'brief', Zahid. VERY helpful to me, since I was tied up all day yesterday in the various reviews; the Strat Plan session, and the AoC session. All of these are also important to the members, and I especially recommend reading the transcript on the Strat Plan session and the AoC session. Marilyn From: zahid@dndrc.com To: bc-gnso@icann.org Subject: RE: [bc-gnso] Update on TM Rights Protection Mechanisms Negotiations Date: Thu, 29 Oct 2009 01:05:25 +0900 Forgot to mention: Steve Del Bianco also played a great role in speaking to Kathy yesterday and today. Thanks Steve! Sincerely, Zahid Jamil Barrister-at-law Jamil & Jamil Barristers-at-law 219-221 Central Hotel Annexe Merewether Road, Karachi. Pakistan Cell: +923008238230 Tel: +92 21 5680760 / 5685276 / 5655025 Fax: +92 21 5655026 www.jamilandjamil.com Notice / Disclaimer This message contains confidential information and its contents are being communicated only for the intended recipients . If you are not the intended recipient you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this message by mistake and delete it from your system. The contents above may contain/are the intellectual property of Jamil & Jamil, Barristers-at-Law, and constitute privileged information protected by attorney client privilege. The reproduction, publication, use, amendment, modification of any kind whatsoever of any part or parts (including photocopying or storing it in any medium by electronic means whether or not transiently or incidentally or some other use of this communication) without prior written permission and consent of Jamil & Jamil is prohibited. From: owner-bc-gnso@icann.org [mailto:owner-bc-gnso@icann.org] On Behalf Of Zahid Jamil Sent: Thursday, October 29, 2009 12:14 AM To: 'bc - GNSO list' Subject: [bc-gnso] Update on TM Rights Protection Mechanisms Negotiations Today the 3 days of off line negotiations and reaching out to the ALAC and NCSG on the issue of the IRT Report and the RPMs were successful. 3 hours of discussion (with the help of the ALAC- Alan and Cheryl) on Monday with NCSG reps (Kathryn Kleiman and Konstantinos Komaitis) followed by discussions through yesterday were successful in providing background and a context to the BC position on the IRT Report. Initially on the Council list the NCSG had indicated and unwillingness of the IRT being available as a resource. Summary of points for discussion that were discussed were (subject to them being taken back to the NCSG): Welcome the IRT and other resources being available to the GNSO Working Group working on the Board’s letter regarding the RPMs (ie. STI review team). At the session on Thursday (today) express the willingness that NCSG had for reaching out constructively to the GNSO community (language discussed included reaching common ground). The GNSO passed a Resolution today with the support of the NCSG stating: The assistance of members of the IRT in answering questions about the IP Clearinghouse and Uniform Rapid Suspension System recommendations may be useful to this work. The GNSO Council requests that members of the IRT who worked on those recommendations be available to answer any such questions that may arise; I believe that possibly a more integral part than the discussion with Kathy in achieving this was the efforts of members from other Constituency(s) that may have helped mediate this resolution through. In today’s session on Trademark Protection and new gTLDs (transcript attached): Kathy responded positively and at the end of her first intervention stated: ‘....we in the NCUC want to work with you. We want to establish common ground, and we wish the best of luck for all of us in this expedited process.’ She even went as far as saying in regards the IRT URS recommendation for Appeal: ‘.....and I have to say it, and I guess I'm on the record, the IRT kind of got this one right and let's go back to that.’ This was met with equal good will by CSG members: J. Scott, now President of the IPC said: ‘I worked with Kathy Kleiman, and we drafted the UDRP final version with Louis Touton and a group of other talented people, many of whom are here today................We just want to solve a problem. That's what we're here to do. We want to work with registries, registrars, NCUC. That's what we're here for. We're problem solvers. We want to solve the problem. Thank you for the opportunity, and we look forward to working together in the near future. Zahid Jamil BC Councillor said: ‘First of all, I would like to acknowledge and thank Kathy for the NCUC's constructive invitation to work with goodwill. We look forward to the sentiment continuing in the GNSO. So thank you for that..........’ With respect to several aspects of the IRT Solutions it seems that NCSG and BC may be able to find common ground. I am sure there must have been much discussion in the NCSG itself about taking these positions after discussing matters with the BC and other individuals. So Kudos to Kathy and Kostantino for achieving success for not letting down our discussions from Monday for which I have thanked them. Efforts of Alan and Cheryl to set up some of the atmosphere for the interaction also helped. Also in other private discussions this evening with some ALAC reps it seems that there may be even more common ground possible with the BC positions. This sentiment seems to have created an atmosphere which may enable some parties with divergent views reaching consensus on some aspects at least. I hope this interaction will also help BC, NCSG and ALAC collaborating on other issues in the future. Through private meetings tomorrow leading up to the STI session I hope this sentiment continues. Will report back after tomorrows STI meeting. Sincerely, Zahid Jamil Barrister-at-law Jamil & Jamil Barristers-at-law 219-221 Central Hotel Annexe Merewether Road, Karachi. Pakistan Cell: +923008238230 Tel: +92 21 5680760 / 5685276 / 5655025 Fax: +92 21 5655026 www.jamilandjamil.com Notice / Disclaimer This message contains confidential information and its contents are being communicated only for the intended recipients . If you are not the intended recipient you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this message by mistake and delete it from your system. The contents above may contain/are the intellectual property of Jamil & Jamil, Barristers-at-Law, and constitute privileged information protected by attorney client privilege. The reproduction, publication, use, amendment, modification of any kind whatsoever of any part or parts (including photocopying or storing it in any medium by electronic means whether or not transiently or incidentally or some other use of this communication) without prior written permission and consent of Jamil & Jamil is prohibited.
Well done, Zahid and Steve. Great bridge-building! Nice to see success in an area where we have traditionally seen personality clashes and contentiousness. Finding common ground is the baseline at ICANN and this demonstration of it is a pleasure to see. Kind regards, RA Ronald N. Andruff RNA Partners, Inc. 220 Fifth Avenue, 20th floor New York, New York 10001 www.rnapartners.com V: +1 212 481 2820 x 11 F: +1 212 481 2859 _____ From: owner-bc-gnso@icann.org [mailto:owner-bc-gnso@icann.org] On Behalf Of Zahid Jamil Sent: 2009-10-28 11:14 To: 'bc - GNSO list' Subject: [bc-gnso] Update on TM Rights Protection Mechanisms Negotiations Today the 3 days of off line negotiations and reaching out to the ALAC and NCSG on the issue of the IRT Report and the RPMs were successful. 3 hours of discussion (with the help of the ALAC- Alan and Cheryl) on Monday with NCSG reps (Kathryn Kleiman and Konstantinos Komaitis) followed by discussions through yesterday were successful in providing background and a context to the BC position on the IRT Report. Initially on the Council list the NCSG had indicated and unwillingness of the IRT being available as a resource. Summary of points for discussion that were discussed were (subject to them being taken back to the NCSG): Welcome the IRT and other resources being available to the GNSO Working Group working on the Board's letter regarding the RPMs (ie. STI review team). At the session on Thursday (today) express the willingness that NCSG had for reaching out constructively to the GNSO community (language discussed included reaching common ground). The GNSO passed a Resolution today with the support of the NCSG stating: The assistance of members of the IRT in answering questions about the IP Clearinghouse and Uniform Rapid Suspension System recommendations may be useful to this work. The GNSO Council requests that members of the IRT who worked on those recommendations be available to answer any such questions that may arise; I believe that possibly a more integral part than the discussion with Kathy in achieving this was the efforts of members from other Constituency(s) that may have helped mediate this resolution through. In today's session on Trademark Protection and new gTLDs (transcript attached): Kathy responded positively and at the end of her first intervention stated: '....we in the NCUC want to work with you. We want to establish common ground, and we wish the best of luck for all of us in this expedited process.' She even went as far as saying in regards the IRT URS recommendation for Appeal: '.....and I have to say it, and I guess I'm on the record, the IRT kind of got this one right and let's go back to that.' This was met with equal good will by CSG members: J. Scott, now President of the IPC said: 'I worked with Kathy Kleiman, and we drafted the UDRP final version with Louis Touton and a group of other talented people, many of whom are here today................We just want to solve a problem. That's what we're here to do. We want to work with registries, registrars, NCUC. That's what we're here for. We're problem solvers. We want to solve the problem. Thank you for the opportunity, and we look forward to working together in the near future. Zahid Jamil BC Councillor said: 'First of all, I would like to acknowledge and thank Kathy for the NCUC's constructive invitation to work with goodwill. We look forward to the sentiment continuing in the GNSO. So thank you for that..........' With respect to several aspects of the IRT Solutions it seems that NCSG and BC may be able to find common ground. I am sure there must have been much discussion in the NCSG itself about taking these positions after discussing matters with the BC and other individuals. So Kudos to Kathy and Kostantino for achieving success for not letting down our discussions from Monday for which I have thanked them. Efforts of Alan and Cheryl to set up some of the atmosphere for the interaction also helped. Also in other private discussions this evening with some ALAC reps it seems that there may be even more common ground possible with the BC positions. This sentiment seems to have created an atmosphere which may enable some parties with divergent views reaching consensus on some aspects at least. I hope this interaction will also help BC, NCSG and ALAC collaborating on other issues in the future. Through private meetings tomorrow leading up to the STI session I hope this sentiment continues. Will report back after tomorrows STI meeting. Sincerely, Zahid Jamil Barrister-at-law Jamil & Jamil Barristers-at-law 219-221 Central Hotel Annexe Merewether Road, Karachi. Pakistan Cell: +923008238230 Tel: +92 21 5680760 / 5685276 / 5655025 Fax: +92 21 5655026 <http://www.jamilandjamil.com/> www.jamilandjamil.com Notice / Disclaimer This message contains confidential information and its contents are being communicated only for the intended recipients . If you are not the intended recipient you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this message by mistake and delete it from your system. The contents above may contain/are the intellectual property of Jamil & Jamil, Barristers-at-Law, and constitute privileged information protected by attorney client privilege. The reproduction, publication, use, amendment, modification of any kind whatsoever of any part or parts (including photocopying or storing it in any medium by electronic means whether or not transiently or incidentally or some other use of this communication) without prior written permission and consent of Jamil & Jamil is prohibited.
Dear All, Met with ALAC reps today for an hour before the STI meeting. We found common ground on nearly all essential BC positions. (facilitated by Alan - ALAC Liaison). The actual STI meeting took place in a very conducive atmosphere. The unreasonably short time line set by the Board was discussed. My feeling is we may have spent too much time on process (40 mins). Jeff Neuman, Jon Nevett and I voiced our desire to get on with the substantive discussions. Issues were listed and it was decided that we would focus on them in our discussions over calls. The group has asked staff to provide information on whether there will be support available for a face to face meeting as several members feel some of these issues may not be solvable otherwise. After the meeting I spent an hour with NCSG and ALAC. We seem to have common ground on several of the essential BC positions. NCSG requested these not be discussed publicly yet. They are also attempting to see if I can meet with Wendy tomorrow (she as absent due to her Board meetings). The meeting with her will probably be important in ensuring that the common ground seemingly achieved is maintained. One issue that Registrar and Registry reps did not support was the notion of a post launch IP Claims service. However, this is on the issues listed to be discussed. On another note my sense is that my outreach and attempts to discuss matters with ALAC and NCSG does not seem to attract any support (in fact in some respects I sense the opposite). This is a cause for concern. Sincerely, Zahid Jamil Barrister-at-law Jamil & Jamil Barristers-at-law 219-221 Central Hotel Annexe Merewether Road, Karachi. Pakistan Cell: +923008238230 Tel: +92 21 5680760 / 5685276 / 5655025 Fax: +92 21 5655026 <http://www.jamilandjamil.com/> www.jamilandjamil.com Notice / Disclaimer This message contains confidential information and its contents are being communicated only for the intended recipients . If you are not the intended recipient you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this message by mistake and delete it from your system. The contents above may contain/are the intellectual property of Jamil & Jamil, Barristers-at-Law, and constitute privileged information protected by attorney client privilege. The reproduction, publication, use, amendment, modification of any kind whatsoever of any part or parts (including photocopying or storing it in any medium by electronic means whether or not transiently or incidentally or some other use of this communication) without prior written permission and consent of Jamil & Jamil is prohibited. From: owner-bc-gnso@icann.org [mailto:owner-bc-gnso@icann.org] On Behalf Of Zahid Jamil Sent: Thursday, October 29, 2009 12:14 AM To: 'bc - GNSO list' Subject: [bc-gnso] Update on TM Rights Protection Mechanisms Negotiations Today the 3 days of off line negotiations and reaching out to the ALAC and NCSG on the issue of the IRT Report and the RPMs were successful. 3 hours of discussion (with the help of the ALAC- Alan and Cheryl) on Monday with NCSG reps (Kathryn Kleiman and Konstantinos Komaitis) followed by discussions through yesterday were successful in providing background and a context to the BC position on the IRT Report. Initially on the Council list the NCSG had indicated and unwillingness of the IRT being available as a resource. Summary of points for discussion that were discussed were (subject to them being taken back to the NCSG): Welcome the IRT and other resources being available to the GNSO Working Group working on the Board's letter regarding the RPMs (ie. STI review team). At the session on Thursday (today) express the willingness that NCSG had for reaching out constructively to the GNSO community (language discussed included reaching common ground). The GNSO passed a Resolution today with the support of the NCSG stating: The assistance of members of the IRT in answering questions about the IP Clearinghouse and Uniform Rapid Suspension System recommendations may be useful to this work. The GNSO Council requests that members of the IRT who worked on those recommendations be available to answer any such questions that may arise; I believe that possibly a more integral part than the discussion with Kathy in achieving this was the efforts of members from other Constituency(s) that may have helped mediate this resolution through. In today's session on Trademark Protection and new gTLDs (transcript attached): Kathy responded positively and at the end of her first intervention stated: '....we in the NCUC want to work with you. We want to establish common ground, and we wish the best of luck for all of us in this expedited process.' She even went as far as saying in regards the IRT URS recommendation for Appeal: '.....and I have to say it, and I guess I'm on the record, the IRT kind of got this one right and let's go back to that.' This was met with equal good will by CSG members: J. Scott, now President of the IPC said: 'I worked with Kathy Kleiman, and we drafted the UDRP final version with Louis Touton and a group of other talented people, many of whom are here today................We just want to solve a problem. That's what we're here to do. We want to work with registries, registrars, NCUC. That's what we're here for. We're problem solvers. We want to solve the problem. Thank you for the opportunity, and we look forward to working together in the near future. Zahid Jamil BC Councillor said: 'First of all, I would like to acknowledge and thank Kathy for the NCUC's constructive invitation to work with goodwill. We look forward to the sentiment continuing in the GNSO. So thank you for that..........' With respect to several aspects of the IRT Solutions it seems that NCSG and BC may be able to find common ground. I am sure there must have been much discussion in the NCSG itself about taking these positions after discussing matters with the BC and other individuals. So Kudos to Kathy and Kostantino for achieving success for not letting down our discussions from Monday for which I have thanked them. Efforts of Alan and Cheryl to set up some of the atmosphere for the interaction also helped. Also in other private discussions this evening with some ALAC reps it seems that there may be even more common ground possible with the BC positions. This sentiment seems to have created an atmosphere which may enable some parties with divergent views reaching consensus on some aspects at least. I hope this interaction will also help BC, NCSG and ALAC collaborating on other issues in the future. Through private meetings tomorrow leading up to the STI session I hope this sentiment continues. Will report back after tomorrows STI meeting. Sincerely, Zahid Jamil Barrister-at-law Jamil & Jamil Barristers-at-law 219-221 Central Hotel Annexe Merewether Road, Karachi. Pakistan Cell: +923008238230 Tel: +92 21 5680760 / 5685276 / 5655025 Fax: +92 21 5655026 <http://www.jamilandjamil.com/> www.jamilandjamil.com Notice / Disclaimer This message contains confidential information and its contents are being communicated only for the intended recipients . If you are not the intended recipient you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this message by mistake and delete it from your system. The contents above may contain/are the intellectual property of Jamil & Jamil, Barristers-at-Law, and constitute privileged information protected by attorney client privilege. The reproduction, publication, use, amendment, modification of any kind whatsoever of any part or parts (including photocopying or storing it in any medium by electronic means whether or not transiently or incidentally or some other use of this communication) without prior written permission and consent of Jamil & Jamil is prohibited.
you've got my support. keep at it Zahid. this is precisely the kind of behavior we need if we're to break out of the "old habits, old fights" mindset that so clogs the arteries of ICANN. mikey On Oct 29, 2009, at 11:56 AM, Zahid Jamil wrote:
Dear All,
Met with ALAC reps today for an hour before the STI meeting. We found common ground on nearly all essential BC positions. (facilitated by Alan – ALAC Liaison).
The actual STI meeting took place in a very conducive atmosphere. The unreasonably short time line set by the Board was discussed. My feeling is we may have spent too much time on process (40 mins). Jeff Neuman, Jon Nevett and I voiced our desire to get on with the substantive discussions. Issues were listed and it was decided that we would focus on them in our discussions over calls. The group has asked staff to provide information on whether there will be support available for a face to face meeting as several members feel some of these issues may not be solvable otherwise. After the meeting I spent an hour with NCSG and ALAC. We seem to have common ground on several of the essential BC positions. NCSG requested these not be discussed publicly yet. They are also attempting to see if I can meet with Wendy tomorrow (she as absent due to her Board meetings). The meeting with her will probably be important in ensuring that the common ground seemingly achieved is maintained.
One issue that Registrar and Registry reps did not support was the notion of a post launch IP Claims service. However, this is on the issues listed to be discussed.
On another note my sense is that my outreach and attempts to discuss matters with ALAC and NCSG does not seem to attract any support (in fact in some respects I sense the opposite). This is a cause for concern.
Sincerely,
Zahid Jamil Barrister-at-law Jamil & Jamil Barristers-at-law 219-221 Central Hotel Annexe Merewether Road, Karachi. Pakistan Cell: +923008238230 Tel: +92 21 5680760 / 5685276 / 5655025 Fax: +92 21 5655026 www.jamilandjamil.com
Notice / Disclaimer This message contains confidential information and its contents are being communicated only for the intended recipients . If you are not the intended recipient you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this message by mistake and delete it from your system. The contents above may contain/are the intellectual property of Jamil & Jamil, Barristers-at-Law, and constitute privileged information protected by attorney client privilege. The reproduction, publication, use, amendment, modification of any kind whatsoever of any part or parts (including photocopying or storing it in any medium by electronic means whether or not transiently or incidentally or some other use of this communication) without prior written permission and consent of Jamil & Jamil is prohibited.
From: owner-bc-gnso@icann.org [mailto:owner-bc-gnso@icann.org] On Behalf Of Zahid Jamil Sent: Thursday, October 29, 2009 12:14 AM To: 'bc - GNSO list' Subject: [bc-gnso] Update on TM Rights Protection Mechanisms Negotiations
Today the 3 days of off line negotiations and reaching out to the ALAC and NCSG on the issue of the IRT Report and the RPMs were successful.
3 hours of discussion (with the help of the ALAC- Alan and Cheryl) on Monday with NCSG reps (Kathryn Kleiman and Konstantinos Komaitis) followed by discussions through yesterday were successful in providing background and a context to the BC position on the IRT Report.
Initially on the Council list the NCSG had indicated and unwillingness of the IRT being available as a resource.
Summary of points for discussion that were discussed were (subject to them being taken back to the NCSG):
Welcome the IRT and other resources being available to the GNSO Working Group working on the Board’s letter regarding the RPMs (ie. STI review team).
At the session on Thursday (today) express the willingness that NCSG had for reaching out constructively to the GNSO community (language discussed included reaching common ground).
The GNSO passed a Resolution today with the support of the NCSG stating: The assistance of members of the IRT in answering questions about the IP Clearinghouse and Uniform Rapid Suspension System recommendations may be useful to this work. The GNSO Council requests that members of the IRT who worked on those recommendations be available to answer any such questions that may arise;
I believe that possibly a more integral part than the discussion with Kathy in achieving this was the efforts of members from other Constituency(s) that may have helped mediate this resolution through.
In today’s session on Trademark Protection and new gTLDs (transcript attached):
Kathy responded positively and at the end of her first intervention stated:
‘....we in the NCUC want to work with you. We want to establish common ground, and we wish the best of luck for all of us in this expedited process.’
She even went as far as saying in regards the IRT URS recommendation for Appeal:
‘.....and I have to say it, and I guess I'm on the record, the IRT kind of got this one right and let's go back to that.’
This was met with equal good will by CSG members:
J. Scott, now President of the IPC said:
‘I worked with Kathy Kleiman, and we drafted the UDRP final version with Louis Touton and a group of other talented people, many of whom are here today................We just want to solve a problem. That's what we're here to do. We want to work with registries, registrars, NCUC. That's what we're here for. We're problem solvers. We want to solve the problem. Thank you for the opportunity, and we look forward to working together in the near future.
Zahid Jamil BC Councillor said:
‘First of all, I would like to acknowledge and thank Kathy for the NCUC's constructive invitation to work with goodwill. We look forward to the sentiment continuing in the GNSO. So thank you for that..........’
With respect to several aspects of the IRT Solutions it seems that NCSG and BC may be able to find common ground.
I am sure there must have been much discussion in the NCSG itself about taking these positions after discussing matters with the BC and other individuals. So Kudos to Kathy and Kostantino for achieving success for not letting down our discussions from Monday for which I have thanked them.
Efforts of Alan and Cheryl to set up some of the atmosphere for the interaction also helped.
Also in other private discussions this evening with some ALAC reps it seems that there may be even more common ground possible with the BC positions.
This sentiment seems to have created an atmosphere which may enable some parties with divergent views reaching consensus on some aspects at least. I hope this interaction will also help BC, NCSG and ALAC collaborating on other issues in the future.
Through private meetings tomorrow leading up to the STI session I hope this sentiment continues.
Will report back after tomorrows STI meeting.
Sincerely,
Zahid Jamil Barrister-at-law Jamil & Jamil Barristers-at-law 219-221 Central Hotel Annexe Merewether Road, Karachi. Pakistan Cell: +923008238230 Tel: +92 21 5680760 / 5685276 / 5655025 Fax: +92 21 5655026 www.jamilandjamil.com
Notice / Disclaimer This message contains confidential information and its contents are being communicated only for the intended recipients . If you are not the intended recipient you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this message by mistake and delete it from your system. The contents above may contain/are the intellectual property of Jamil & Jamil, Barristers-at-Law, and constitute privileged information protected by attorney client privilege. The reproduction, publication, use, amendment, modification of any kind whatsoever of any part or parts (including photocopying or storing it in any medium by electronic means whether or not transiently or incidentally or some other use of this communication) without prior written permission and consent of Jamil & Jamil is prohibited.
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support Mikey's position -- the way you're doing it is the way forward! On 29 Oct 2009, at 17:04, Mike O'Connor wrote:
you've got my support. keep at it Zahid. this is precisely the kind of behavior we need if we're to break out of the "old habits, old fights" mindset that so clogs the arteries of ICANN.
mikey
On Oct 29, 2009, at 11:56 AM, Zahid Jamil wrote:
Dear All,
Met with ALAC reps today for an hour before the STI meeting. We found common ground on nearly all essential BC positions. (facilitated by Alan – ALAC Liaison).
The actual STI meeting took place in a very conducive atmosphere. The unreasonably short time line set by the Board was discussed. My feeling is we may have spent too much time on process (40 mins). Jeff Neuman, Jon Nevett and I voiced our desire to get on with the substantive discussions. Issues were listed and it was decided that we would focus on them in our discussions over calls. The group has asked staff to provide information on whether there will be support available for a face to face meeting as several members feel some of these issues may not be solvable otherwise. After the meeting I spent an hour with NCSG and ALAC. We seem to have common ground on several of the essential BC positions. NCSG requested these not be discussed publicly yet. They are also attempting to see if I can meet with Wendy tomorrow (she as absent due to her Board meetings). The meeting with her will probably be important in ensuring that the common ground seemingly achieved is maintained.
One issue that Registrar and Registry reps did not support was the notion of a post launch IP Claims service. However, this is on the issues listed to be discussed.
On another note my sense is that my outreach and attempts to discuss matters with ALAC and NCSG does not seem to attract any support (in fact in some respects I sense the opposite). This is a cause for concern.
Sincerely,
Zahid Jamil Barrister-at-law Jamil & Jamil Barristers-at-law 219-221 Central Hotel Annexe Merewether Road, Karachi. Pakistan Cell: +923008238230 Tel: +92 21 5680760 / 5685276 / 5655025 Fax: +92 21 5655026 www.jamilandjamil.com
Notice / Disclaimer This message contains confidential information and its contents are being communicated only for the intended recipients . If you are not the intended recipient you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e- mail if you have received this message by mistake and delete it from your system. The contents above may contain/are the intellectual property of Jamil & Jamil, Barristers-at-Law, and constitute privileged information protected by attorney client privilege. The reproduction, publication, use, amendment, modification of any kind whatsoever of any part or parts (including photocopying or storing it in any medium by electronic means whether or not transiently or incidentally or some other use of this communication) without prior written permission and consent of Jamil & Jamil is prohibited.
From: owner-bc-gnso@icann.org [mailto:owner-bc-gnso@icann.org] On Behalf Of Zahid Jamil Sent: Thursday, October 29, 2009 12:14 AM To: 'bc - GNSO list' Subject: [bc-gnso] Update on TM Rights Protection Mechanisms Negotiations
Today the 3 days of off line negotiations and reaching out to the ALAC and NCSG on the issue of the IRT Report and the RPMs were successful.
3 hours of discussion (with the help of the ALAC- Alan and Cheryl) on Monday with NCSG reps (Kathryn Kleiman and Konstantinos Komaitis) followed by discussions through yesterday were successful in providing background and a context to the BC position on the IRT Report.
Initially on the Council list the NCSG had indicated and unwillingness of the IRT being available as a resource.
Summary of points for discussion that were discussed were (subject to them being taken back to the NCSG):
Welcome the IRT and other resources being available to the GNSO Working Group working on the Board’s letter regarding the RPMs (ie. STI review team).
At the session on Thursday (today) express the willingness that NCSG had for reaching out constructively to the GNSO community (language discussed included reaching common ground).
The GNSO passed a Resolution today with the support of the NCSG stating: The assistance of members of the IRT in answering questions about the IP Clearinghouse and Uniform Rapid Suspension System recommendations may be useful to this work. The GNSO Council requests that members of the IRT who worked on those recommendations be available to answer any such questions that may arise;
I believe that possibly a more integral part than the discussion with Kathy in achieving this was the efforts of members from other Constituency(s) that may have helped mediate this resolution through.
In today’s session on Trademark Protection and new gTLDs (transcript attached):
Kathy responded positively and at the end of her first intervention stated:
‘....we in the NCUC want to work with you. We want to establish common ground, and we wish the best of luck for all of us in this expedited process.’
She even went as far as saying in regards the IRT URS recommendation for Appeal:
‘.....and I have to say it, and I guess I'm on the record, the IRT kind of got this one right and let's go back to that.’
This was met with equal good will by CSG members:
J. Scott, now President of the IPC said:
‘I worked with Kathy Kleiman, and we drafted the UDRP final version with Louis Touton and a group of other talented people, many of whom are here today................We just want to solve a problem. That's what we're here to do. We want to work with registries, registrars, NCUC. That's what we're here for. We're problem solvers. We want to solve the problem. Thank you for the opportunity, and we look forward to working together in the near future.
Zahid Jamil BC Councillor said:
‘First of all, I would like to acknowledge and thank Kathy for the NCUC's constructive invitation to work with goodwill. We look forward to the sentiment continuing in the GNSO. So thank you for that..........’
With respect to several aspects of the IRT Solutions it seems that NCSG and BC may be able to find common ground.
I am sure there must have been much discussion in the NCSG itself about taking these positions after discussing matters with the BC and other individuals. So Kudos to Kathy and Kostantino for achieving success for not letting down our discussions from Monday for which I have thanked them.
Efforts of Alan and Cheryl to set up some of the atmosphere for the interaction also helped.
Also in other private discussions this evening with some ALAC reps it seems that there may be even more common ground possible with the BC positions.
This sentiment seems to have created an atmosphere which may enable some parties with divergent views reaching consensus on some aspects at least. I hope this interaction will also help BC, NCSG and ALAC collaborating on other issues in the future.
Through private meetings tomorrow leading up to the STI session I hope this sentiment continues.
Will report back after tomorrows STI meeting.
Sincerely,
Zahid Jamil Barrister-at-law Jamil & Jamil Barristers-at-law 219-221 Central Hotel Annexe Merewether Road, Karachi. Pakistan Cell: +923008238230 Tel: +92 21 5680760 / 5685276 / 5655025 Fax: +92 21 5655026 www.jamilandjamil.com
Notice / Disclaimer This message contains confidential information and its contents are being communicated only for the intended recipients . If you are not the intended recipient you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e- mail if you have received this message by mistake and delete it from your system. The contents above may contain/are the intellectual property of Jamil & Jamil, Barristers-at-Law, and constitute privileged information protected by attorney client privilege. The reproduction, publication, use, amendment, modification of any kind whatsoever of any part or parts (including photocopying or storing it in any medium by electronic means whether or not transiently or incidentally or some other use of this communication) without prior written permission and consent of Jamil & Jamil is prohibited.
- - - - - - - - - phone 651-647-6109 fax 866-280-2356 web www.haven2.com handle OConnorStP (ID for public places like Twitter, Facebook, Google, etc.)
Zahid: Your proactive initiatives are exactly what is needed, especially given the tight tomeframe and the reality that if reasonable consensus is not achieved ICANN's Board will almost certainly adopt the staff assimilation that no one wants to see put in place. So your commendable efforts have my full support. -Philip Philip S. Corwin Partner Butera & Andrews 1301 Pennsylvania Ave., NW Suite 500 Washington, DC 20004 202-347-6875 (office) 202-347-6876 (fax) 202-255-6172 (cell) "Luck is the residue of design." -- Branch Rickey ________________________________ From: owner-bc-gnso@icann.org [owner-bc-gnso@icann.org] On Behalf Of Liz Williams [lizawilliams@mac.com] Sent: Thursday, October 29, 2009 5:18 PM To: Mike O'Connor Cc: Zahid Jamil; 'bc - GNSO list' Subject: Re: [bc-gnso] Update on TM Rights Protection Mechanisms Negotiations support Mikey's position -- the way you're doing it is the way forward! On 29 Oct 2009, at 17:04, Mike O'Connor wrote: you've got my support. keep at it Zahid. this is precisely the kind of behavior we need if we're to break out of the "old habits, old fights" mindset that so clogs the arteries of ICANN. mikey On Oct 29, 2009, at 11:56 AM, Zahid Jamil wrote: Dear All, Met with ALAC reps today for an hour before the STI meeting. We found common ground on nearly all essential BC positions. (facilitated by Alan – ALAC Liaison). The actual STI meeting took place in a very conducive atmosphere. The unreasonably short time line set by the Board was discussed. My feeling is we may have spent too much time on process (40 mins). Jeff Neuman, Jon Nevett and I voiced our desire to get on with the substantive discussions. Issues were listed and it was decided that we would focus on them in our discussions over calls. The group has asked staff to provide information on whether there will be support available for a face to face meeting as several members feel some of these issues may not be solvable otherwise. After the meeting I spent an hour with NCSG and ALAC. We seem to have common ground on several of the essential BC positions. NCSG requested these not be discussed publicly yet. They are also attempting to see if I can meet with Wendy tomorrow (she as absent due to her Board meetings). The meeting with her will probably be important in ensuring that the common ground seemingly achieved is maintained. One issue that Registrar and Registry reps did not support was the notion of a post launch IP Claims service. However, this is on the issues listed to be discussed. On another note my sense is that my outreach and attempts to discuss matters with ALAC and NCSG does not seem to attract any support (in fact in some respects I sense the opposite). This is a cause for concern. Sincerely, Zahid Jamil Barrister-at-law Jamil & Jamil Barristers-at-law 219-221 Central Hotel Annexe Merewether Road, Karachi. Pakistan Cell: +923008238230 Tel: +92 21 5680760 / 5685276 / 5655025 Fax: +92 21 5655026 www.jamilandjamil.com<http://www.jamilandjamil.com/> Notice / Disclaimer This message contains confidential information and its contents are being communicated only for the intended recipients . If you are not the intended recipient you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this message by mistake and delete it from your system. The contents above may contain/are the intellectual property of Jamil & Jamil, Barristers-at-Law, and constitute privileged information protected by attorney client privilege. The reproduction, publication, use, amendment, modification of any kind whatsoever of any part or parts (including photocopying or storing it in any medium by electronic means whether or not transiently or incidentally or some other use of this communication) without prior written permission and consent of Jamil & Jamil is prohibited. From: owner-bc-gnso@icann.org<mailto:owner-bc-gnso@icann.org> [mailto:owner-bc-gnso@icann.org] On Behalf Of Zahid Jamil Sent: Thursday, October 29, 2009 12:14 AM To: 'bc - GNSO list' Subject: [bc-gnso] Update on TM Rights Protection Mechanisms Negotiations Today the 3 days of off line negotiations and reaching out to the ALAC and NCSG on the issue of the IRT Report and the RPMs were successful. 3 hours of discussion (with the help of the ALAC- Alan and Cheryl) on Monday with NCSG reps (Kathryn Kleiman and Konstantinos Komaitis) followed by discussions through yesterday were successful in providing background and a context to the BC position on the IRT Report. Initially on the Council list the NCSG had indicated and unwillingness of the IRT being available as a resource. Summary of points for discussion that were discussed were (subject to them being taken back to the NCSG): Welcome the IRT and other resources being available to the GNSO Working Group working on the Board’s letter regarding the RPMs (ie. STI review team). At the session on Thursday (today) express the willingness that NCSG had for reaching out constructively to the GNSO community (language discussed included reaching common ground). The GNSO passed a Resolution today with the support of the NCSG stating: The assistance of members of the IRT in answering questions about the IP Clearinghouse and Uniform Rapid Suspension System recommendations may be useful to this work. The GNSO Council requests that members of the IRT who worked on those recommendations be available to answer any such questions that may arise; I believe that possibly a more integral part than the discussion with Kathy in achieving this was the efforts of members from other Constituency(s) that may have helped mediate this resolution through. In today’s session on Trademark Protection and new gTLDs (transcript attached): Kathy responded positively and at the end of her first intervention stated: ‘....we in the NCUC want to work with you. We want to establish common ground, and we wish the best of luck for all of us in this expedited process.’ She even went as far as saying in regards the IRT URS recommendation for Appeal: ‘.....and I have to say it, and I guess I'm on the record, the IRT kind of got this one right and let's go back to that.’ This was met with equal good will by CSG members: J. Scott, now President of the IPC said: ‘I worked with Kathy Kleiman, and we drafted the UDRP final version with Louis Touton and a group of other talented people, many of whom are here today................We just want to solve a problem. That's what we're here to do. We want to work with registries, registrars, NCUC. That's what we're here for. We're problem solvers. We want to solve the problem. Thank you for the opportunity, and we look forward to working together in the near future. Zahid Jamil BC Councillor said: ‘First of all, I would like to acknowledge and thank Kathy for the NCUC's constructive invitation to work with goodwill. We look forward to the sentiment continuing in the GNSO. So thank you for that..........’ With respect to several aspects of the IRT Solutions it seems that NCSG and BC may be able to find common ground. I am sure there must have been much discussion in the NCSG itself about taking these positions after discussing matters with the BC and other individuals. So Kudos to Kathy and Kostantino for achieving success for not letting down our discussions from Monday for which I have thanked them. Efforts of Alan and Cheryl to set up some of the atmosphere for the interaction also helped. Also in other private discussions this evening with some ALAC reps it seems that there may be even more common ground possible with the BC positions. This sentiment seems to have created an atmosphere which may enable some parties with divergent views reaching consensus on some aspects at least. I hope this interaction will also help BC, NCSG and ALAC collaborating on other issues in the future. Through private meetings tomorrow leading up to the STI session I hope this sentiment continues. Will report back after tomorrows STI meeting. Sincerely, Zahid Jamil Barrister-at-law Jamil & Jamil Barristers-at-law 219-221 Central Hotel Annexe Merewether Road, Karachi. Pakistan Cell: +923008238230 Tel: +92 21 5680760 / 5685276 / 5655025 Fax: +92 21 5655026 www.jamilandjamil.com<http://www.jamilandjamil.com/> Notice / Disclaimer This message contains confidential information and its contents are being communicated only for the intended recipients . If you are not the intended recipient you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this message by mistake and delete it from your system. The contents above may contain/are the intellectual property of Jamil & Jamil, Barristers-at-Law, and constitute privileged information protected by attorney client privilege. The reproduction, publication, use, amendment, modification of any kind whatsoever of any part or parts (including photocopying or storing it in any medium by electronic means whether or not transiently or incidentally or some other use of this communication) without prior written permission and consent of Jamil & Jamil is prohibited. - - - - - - - - - phone 651-647-6109 fax 866-280-2356 web www.haven2.com<http://www.haven2.com> handle OConnorStP (ID for public places like Twitter, Facebook, Google, etc.)
I have been so impressed by your commitment to consulting with the members, zahid! With the daily consultations orga nized by ron , we had a new experience of collaboration for the constituency--but we did miss the rest of you due to the time zone! Let's build on this! I will be hard to reach except by phone @2023601196 until the blkberry is replaced. On Oct 30, 2009, at 8:48 AM, Phil Corwin <pcorwin@butera-andrews.com> wrote:
Zahid:
Your proactive initiatives are exactly what is needed, especially given the tight tomeframe and the reality that if reasonable consensus is not achieved ICANN's Board will almost certainly adopt the staff assimilation that no one wants to see put in place.
So your commendable efforts have my full support.
-Philip Philip S. Corwin Partner Butera & Andrews 1301 Pennsylvania Ave., NW Suite 500 Washington, DC 20004 202-347-6875 (office) 202-347-6876 (fax) 202-255-6172 (cell) "Luck is the residue of design." -- Branch Rickey From: owner-bc-gnso@icann.org [owner-bc-gnso@icann.org] On Behalf Of Liz Williams [lizawilliams@mac.com] Sent: Thursday, October 29, 2009 5:18 PM To: Mike O'Connor Cc: Zahid Jamil; 'bc - GNSO list' Subject: Re: [bc-gnso] Update on TM Rights Protection Mechanisms Negotiations
support Mikey's position -- the way you're doing it is the way forward! On 29 Oct 2009, at 17:04, Mike O'Connor wrote:
you've got my support. keep at it Zahid. this is precisely the kind of behavior we need if we're to break out of the "old habits, old fights" mindset that so clogs the arteries of ICANN.
mikey
On Oct 29, 2009, at 11:56 AM, Zahid Jamil wrote:
Dear All,
Met with ALAC reps today for an hour before the STI meeting. We found common ground on nearly all essential BC positions. (facilitated by Alan – ALAC Liaison).
The actual STI meeting took place in a very conducive atmosphere. The unreasonably short time line set by the Board was discussed. My feeling is we may have spent too much time on process (40 mins). Jeff Neuman, Jon Nevett and I voiced our desire to get on with the substantive discussions. Issues were listed and it was decided that we would focus on them in our discussions over calls. The group has asked staff to provide information on whether there will be support available for a face to face meeting as several members feel some of these issues may not be solvable otherwise. After the meeting I spent an hour with NCSG and ALAC. We seem to have common ground on several of the essential BC positions. NCSG requested these not be discussed publicly yet. They are also attempting to see if I can meet with Wendy tomorrow (she as absent due to her Board meetings). The meeting with her will probably be important in ensuring that the common ground seemingly achieved is maintained.
One issue that Registrar and Registry reps did not support was the notion of a post launch IP Claims service. However, this is on the issues listed to be discussed.
On another note my sense is that my outreach and attempts to discuss matters with ALAC and NCSG does not seem to attract any support (in fact in some respects I sense the opposite). This is a cause for concern.
Sincerely,
Zahid Jamil Barrister-at-law Jamil & Jamil Barristers-at-law 219-221 Central Hotel Annexe Merewether Road, Karachi. Pakistan Cell: +923008238230 Tel: +92 21 5680760 / 5685276 / 5655025 Fax: +92 21 5655026 www.jamilandjamil.com
Notice / Disclaimer This message contains confidential information and its contents are being communicated only for the intended recipients . If you are not the intended recipient you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this message by mistake and delete it from your system. The contents above may contain/are the intellectual property of Jamil & Jamil, Barristers-at-Law, and constitute privileged information protected by attorney client privilege. The reproduction, publication, use, amendment, modification of any kind whatsoever of any part or parts (including photocopying or storing it in any medium by electronic means whether or not transiently or incidentally or some other use of this communication) without prior written permission and consent of Jamil & Jamil is prohibited.
From: owner-bc-gnso@icann.org [mailto:owner-bc-gnso@icann.org] On Behalf Of Zahid Jamil Sent: Thursday, October 29, 2009 12:14 AM To: 'bc - GNSO list' Subject: [bc-gnso] Update on TM Rights Protection Mechanisms Negotiations
Today the 3 days of off line negotiations and reaching out to the ALAC and NCSG on the issue of the IRT Report and the RPMs were successful.
3 hours of discussion (with the help of the ALAC- Alan and Cheryl) on Monday with NCSG reps (Kathryn Kleiman and Konstantinos Komaitis) followed by discussions through yesterday were successful in providing background and a context to the BC position on the IRT Report.
Initially on the Council list the NCSG had indicated and unwillingness of the IRT being available as a resource.
Summary of points for discussion that were discussed were (subject to them being taken back to the NCSG):
Welcome the IRT and other resources being available to the GNSO Working Group working on the Board’s letter regarding the RPMs ( ie. STI review team).
At the session on Thursday (today) express the willingness that NCSG had for reaching out constructively to the GNSO community (language discussed included reaching common ground).
The GNSO passed a Resolution today with the support of the NCSG stating: The assistance of members of the IRT in answering questions about the IP Clearinghouse and Uniform Rapid Suspension System recommendations may be useful to this work. The GNSO Council requests that members of the IRT who worked on those recommendations be available to answer any such questions that may arise;
I believe that possibly a more integral part than the discussion with Kathy in achieving this was the efforts of members from other Constituency(s) that may have helped mediate this resolution through.
In today’s session on Trademark Protection and new gTLDs (transc ript attached):
Kathy responded positively and at the end of her first intervention stated:
‘....we in the NCUC want to work with you. We want to establish common ground, and we wish the best of luck for all of us in th is expedited process.’
She even went as far as saying in regards the IRT URS recommendation for Appeal:
‘.....and I have to say it, and I guess I'm on the record, the I RT kind of got this one right and let's go back to that.’
This was met with equal good will by CSG members:
J. Scott, now President of the IPC said:
‘I worked with Kathy Kleiman, and we drafted the UDRP final vers ion with Louis Touton and a group of other talented people, many of whom are here today................We just want to solve a p roblem. That's what we're here to do. We want to work with reg istries, registrars, NCUC. That's what we're here for. We're p roblem solvers. We want to solve the problem. Thank you for th e opportunity, and we look forward to working together in the ne ar future.
Zahid Jamil BC Councillor said:
‘First of all, I would like to acknowledge and thank Kathy for t he NCUC's constructive invitation to work with goodwill. We look forward to the sentiment continuing in the GNSO. So thank you for that..........’
With respect to several aspects of the IRT Solutions it seems that NCSG and BC may be able to find common ground.
I am sure there must have been much discussion in the NCSG itself about taking these positions after discussing matters with the BC and other individuals. So Kudos to Kathy and Kostantino for achieving success for not letting down our discussions from Monday for which I have thanked them.
Efforts of Alan and Cheryl to set up some of the atmosphere for the interaction also helped.
Also in other private discussions this evening with some ALAC reps it seems that there may be even more common ground possible with the BC positions.
This sentiment seems to have created an atmosphere which may enable some parties with divergent views reaching consensus on some aspects at least. I hope this interaction will also help BC, NCSG and ALAC collaborating on other issues in the future.
Through private meetings tomorrow leading up to the STI session I hope this sentiment continues.
Will report back after tomorrows STI meeting.
Sincerely,
Zahid Jamil Barrister-at-law Jamil & Jamil Barristers-at-law 219-221 Central Hotel Annexe Merewether Road, Karachi. Pakistan Cell: +923008238230 Tel: +92 21 5680760 / 5685276 / 5655025 Fax: +92 21 5655026 www.jamilandjamil.com
Notice / Disclaimer This message contains confidential information and its contents are being communicated only for the intended recipients . If you are not the intended recipient you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this message by mistake and delete it from your system. The contents above may contain/are the intellectual property of Jamil & Jamil, Barristers-at-Law, and constitute privileged information protected by attorney client privilege. The reproduction, publication, use, amendment, modification of any kind whatsoever of any part or parts (including photocopying or storing it in any medium by electronic means whether or not transiently or incidentally or some other use of this communication) without prior written permission and consent of Jamil & Jamil is prohibited.
- - - - - - - - - phone 651-647-6109 fax 866-280-2356 web www.haven2.com handle OConnorStP (ID for public places like Twitter, Facebook, Google, etc.)
Dear All, Thank you all for your support. It really helps with dealing with the myriad of politics in this environment. I just had a very productive discussion with Wendy Saltzer. It seems there may be common ground on all issues except post launch IP Claims (I will still continue to push this). I don’t want to say we have a deal yet unless it actually happens so am being optimistically cautious. But lets see. Sincerely, Zahid Jamil Barrister-at-law Jamil & Jamil Barristers-at-law 219-221 Central Hotel Annexe Merewether Road, Karachi. Pakistan Cell: +923008238230 Tel: +92 21 5680760 / 5685276 / 5655025 Fax: +92 21 5655026 <http://www.jamilandjamil.com/> www.jamilandjamil.com Notice / Disclaimer This message contains confidential information and its contents are being communicated only for the intended recipients . If you are not the intended recipient you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this message by mistake and delete it from your system. The contents above may contain/are the intellectual property of Jamil & Jamil, Barristers-at-Law, and constitute privileged information protected by attorney client privilege. The reproduction, publication, use, amendment, modification of any kind whatsoever of any part or parts (including photocopying or storing it in any medium by electronic means whether or not transiently or incidentally or some other use of this communication) without prior written permission and consent of Jamil & Jamil is prohibited. From: marilynscade@hotmail.com [mailto:marilynscade@hotmail.com] Sent: Friday, October 30, 2009 2:05 PM To: Phil Corwin Cc: Liz Williams; Mike O'Connor; Zahid Jamil; bc - GNSO list Subject: Re: [bc-gnso] Update on TM Rights Protection Mechanisms Negotiations I have been so impressed by your commitment to consulting with the members, zahid! With the daily consultations orga nized by ron , we had a new experience of collaboration for the constituency--but we did miss the rest of you due to the time zone! Let's build on this! I will be hard to reach except by phone @2023601196 until the blkberry is replaced. On Oct 30, 2009, at 8:48 AM, Phil Corwin <pcorwin@butera-andrews.com> wrote: Zahid: Your proactive initiatives are exactly what is needed, especially given the tight tomeframe and the reality that if reasonable consensus is not achieved ICANN's Board will almost certainly adopt the staff assimilation that no one wants to see put in place. So your commendable efforts have my full support. -Philip Philip S. Corwin Partner Butera & Andrews 1301 Pennsylvania Ave., NW Suite 500 Washington, DC 20004 202-347-6875 (office) 202-347-6876 (fax) 202-255-6172 (cell) "Luck is the residue of design." -- Branch Rickey _____ From: owner-bc-gnso@icann.org [owner-bc-gnso@icann.org] On Behalf Of Liz Williams [lizawilliams@mac.com] Sent: Thursday, October 29, 2009 5:18 PM To: Mike O'Connor Cc: Zahid Jamil; 'bc - GNSO list' Subject: Re: [bc-gnso] Update on TM Rights Protection Mechanisms Negotiations support Mikey's position -- the way you're doing it is the way forward! On 29 Oct 2009, at 17:04, Mike O'Connor wrote: you've got my support. keep at it Zahid. this is precisely the kind of behavior we need if we're to break out of the "old habits, old fights" mindset that so clogs the arteries of ICANN. mikey On Oct 29, 2009, at 11:56 AM, Zahid Jamil wrote: Dear All, Met with ALAC reps today for an hour before the STI meeting. We found common ground on nearly all essential BC positions. (facilitated by Alan – ALAC Liaison). The actual STI meeting took place in a very conducive atmosphere. The unreasonably short time line set by the Board was discussed. My feeling is we may have spent too much time on process (40 mins). Jeff Neuman, Jon Nevett and I voiced our desire to get on with the substantive discussions. Issues were listed and it was decided that we would focus on them in our discussions over calls. The group has asked staff to provide information on whether there will be support available for a face to face meeting as several members feel some of these issues may not be solvable otherwise. After the meeting I spent an hour with NCSG and ALAC. We seem to have common ground on several of the essential BC positions. NCSG requested these not be discussed publicly yet. They are also attempting to see if I can meet with Wendy tomorrow (she as absent due to her Board meetings). The meeting with her will probably be important in ensuring that the common ground seemingly achieved is maintained. One issue that Registrar and Registry reps did not support was the notion of a post launch IP Claims service. However, this is on the issues listed to be discussed. On another note my sense is that my outreach and attempts to discuss matters with ALAC and NCSG does not seem to attract any support (in fact in some respects I sense the opposite). This is a cause for concern. Sincerely, Zahid Jamil Barrister-at-law Jamil & Jamil Barristers-at-law 219-221 Central Hotel Annexe Merewether Road, Karachi. Pakistan Cell: +923008238230 Tel: +92 21 5680760 / 5685276 / 5655025 Fax: +92 21 5655026 <http://www.jamilandjamil.com/> www.jamilandjamil.com Notice / Disclaimer This message contains confidential information and its contents are being communicated only for the intended recipients . If you are not the intended recipient you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this message by mistake and delete it from your system. The contents above may contain/are the intellectual property of Jamil & Jamil, Barristers-at-Law, and constitute privileged information protected by attorney client privilege. The reproduction, publication, use, amendment, modification of any kind whatsoever of any part or parts (including photocopying or storing it in any medium by electronic means whether or not transiently or incidentally or some other use of this communication) without prior written permission and consent of Jamil & Jamil is prohibited. From: owner-bc-gnso@icann.org [mailto:owner-bc-gnso@icann.org] On Behalf Of Zahid Jamil Sent: Thursday, October 29, 2009 12:14 AM To: 'bc - GNSO list' Subject: [bc-gnso] Update on TM Rights Protection Mechanisms Negotiations Today the 3 days of off line negotiations and reaching out to the ALAC and NCSG on the issue of the IRT Report and the RPMs were successful. 3 hours of discussion (with the help of the ALAC- Alan and Cheryl) on Monday with NCSG reps (Kathryn Kleiman and Konstantinos Komaitis) followed by discussions through yesterday were successful in providing background and a context to the BC position on the IRT Report. Initially on the Council list the NCSG had indicated and unwillingness of the IRT being available as a resource. Summary of points for discussion that were discussed were (subject to them being taken back to the NCSG): Welcome the IRT and other resources being available to the GNSO Working Group working on the Board’s letter regarding the RPMs (ie. STI review team). At the session on Thursday (today) express the willingness that NCSG had for reaching out constructively to the GNSO community (language discussed included reaching common ground). The GNSO passed a Resolution today with the support of the NCSG stating: The assistance of members of the IRT in answering questions about the IP Clearinghouse and Uniform Rapid Suspension System recommendations may be useful to this work. The GNSO Council requests that members of the IRT who worked on those recommendations be available to answer any such questions that may arise; I believe that possibly a more integral part than the discussion with Kathy in achieving this was the efforts of members from other Constituency(s) that may have helped mediate this resolution through. In today’s session on Trademark Protection and new gTLDs (transcript attached): Kathy responded positively and at the end of her first intervention stated: ‘....we in the NCUC want to work with you. We want to establish common ground, and we wish the best of luck for all of us in this expedited process.’ She even went as far as saying in regards the IRT URS recommendation for Appeal: ‘.....and I have to say it, and I guess I'm on the record, the IRT kind of got this one right and let's go back to that.’ This was met with equal good will by CSG members: J. Scott, now President of the IPC said: ‘I worked with Kathy Kleiman, and we drafted the UDRP final version with Louis Touton and a group of other talented people, many of whom are here today................We just want to solve a problem. That's what we're here to do. We want to work with registries, registrars, NCUC. That's what we're here for. We're problem solvers. We want to solve the problem. Thank you for the opportunity, and we look forward to working together in the near future. Zahid Jamil BC Councillor said: ‘First of all, I would like to acknowledge and thank Kathy for the NCUC's constructive invitation to work with goodwill. We look forward to the sentiment continuing in the GNSO. So thank you for that..........’ With respect to several aspects of the IRT Solutions it seems that NCSG and BC may be able to find common ground. I am sure there must have been much discussion in the NCSG itself about taking these positions after discussing matters with the BC and other individuals. So Kudos to Kathy and Kostantino for achieving success for not letting down our discussions from Monday for which I have thanked them. Efforts of Alan and Cheryl to set up some of the atmosphere for the interaction also helped. Also in other private discussions this evening with some ALAC reps it seems that there may be even more common ground possible with the BC positions. This sentiment seems to have created an atmosphere which may enable some parties with divergent views reaching consensus on some aspects at least. I hope this interaction will also help BC, NCSG and ALAC collaborating on other issues in the future. Through private meetings tomorrow leading up to the STI session I hope this sentiment continues. Will report back after tomorrows STI meeting. Sincerely, Zahid Jamil Barrister-at-law Jamil & Jamil Barristers-at-law 219-221 Central Hotel Annexe Merewether Road, Karachi. Pakistan Cell: +923008238230 Tel: +92 21 5680760 / 5685276 / 5655025 Fax: +92 21 5655026 <http://www.jamilandjamil.com/> www.jamilandjamil.com Notice / Disclaimer This message contains confidential information and its contents are being communicated only for the intended recipients . If you are not the intended recipient you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this message by mistake and delete it from your system. The contents above may contain/are the intellectual property of Jamil & Jamil, Barristers-at-Law, and constitute privileged information protected by attorney client privilege. The reproduction, publication, use, amendment, modification of any kind whatsoever of any part or parts (including photocopying or storing it in any medium by electronic means whether or not transiently or incidentally or some other use of this communication) without prior written permission and consent of Jamil & Jamil is prohibited. - - - - - - - - - phone 651-647-6109 fax 866-280-2356 web www.haven2.com handle OConnorStP (ID for public places like Twitter, Facebook, Google, etc.)
meant cautiously optimistic J Sincerely, Zahid Jamil Barrister-at-law Jamil & Jamil Barristers-at-law 219-221 Central Hotel Annexe Merewether Road, Karachi. Pakistan Cell: +923008238230 Tel: +92 21 5680760 / 5685276 / 5655025 Fax: +92 21 5655026 <http://www.jamilandjamil.com/> www.jamilandjamil.com Notice / Disclaimer This message contains confidential information and its contents are being communicated only for the intended recipients . If you are not the intended recipient you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this message by mistake and delete it from your system. The contents above may contain/are the intellectual property of Jamil & Jamil, Barristers-at-Law, and constitute privileged information protected by attorney client privilege. The reproduction, publication, use, amendment, modification of any kind whatsoever of any part or parts (including photocopying or storing it in any medium by electronic means whether or not transiently or incidentally or some other use of this communication) without prior written permission and consent of Jamil & Jamil is prohibited. From: owner-bc-gnso@icann.org [mailto:owner-bc-gnso@icann.org] On Behalf Of Zahid Jamil Sent: Friday, October 30, 2009 3:01 PM To: marilynscade@hotmail.com Cc: 'bc - GNSO list' Subject: RE: [bc-gnso] Update on TM Rights Protection Mechanisms Negotiations Dear All, Thank you all for your support. It really helps with dealing with the myriad of politics in this environment. I just had a very productive discussion with Wendy Saltzer. It seems there may be common ground on all issues except post launch IP Claims (I will still continue to push this). I don’t want to say we have a deal yet unless it actually happens so am being optimistically cautious. But lets see. Sincerely, Zahid Jamil Barrister-at-law Jamil & Jamil Barristers-at-law 219-221 Central Hotel Annexe Merewether Road, Karachi. Pakistan Cell: +923008238230 Tel: +92 21 5680760 / 5685276 / 5655025 Fax: +92 21 5655026 <http://www.jamilandjamil.com/> www.jamilandjamil.com Notice / Disclaimer This message contains confidential information and its contents are being communicated only for the intended recipients . If you are not the intended recipient you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this message by mistake and delete it from your system. The contents above may contain/are the intellectual property of Jamil & Jamil, Barristers-at-Law, and constitute privileged information protected by attorney client privilege. The reproduction, publication, use, amendment, modification of any kind whatsoever of any part or parts (including photocopying or storing it in any medium by electronic means whether or not transiently or incidentally or some other use of this communication) without prior written permission and consent of Jamil & Jamil is prohibited. From: marilynscade@hotmail.com [mailto:marilynscade@hotmail.com] Sent: Friday, October 30, 2009 2:05 PM To: Phil Corwin Cc: Liz Williams; Mike O'Connor; Zahid Jamil; bc - GNSO list Subject: Re: [bc-gnso] Update on TM Rights Protection Mechanisms Negotiations I have been so impressed by your commitment to consulting with the members, zahid! With the daily consultations orga nized by ron , we had a new experience of collaboration for the constituency--but we did miss the rest of you due to the time zone! Let's build on this! I will be hard to reach except by phone @2023601196 until the blkberry is replaced. On Oct 30, 2009, at 8:48 AM, Phil Corwin <pcorwin@butera-andrews.com> wrote: Zahid: Your proactive initiatives are exactly what is needed, especially given the tight tomeframe and the reality that if reasonable consensus is not achieved ICANN's Board will almost certainly adopt the staff assimilation that no one wants to see put in place. So your commendable efforts have my full support. -Philip Philip S. Corwin Partner Butera & Andrews 1301 Pennsylvania Ave., NW Suite 500 Washington, DC 20004 202-347-6875 (office) 202-347-6876 (fax) 202-255-6172 (cell) "Luck is the residue of design." -- Branch Rickey _____ From: owner-bc-gnso@icann.org [owner-bc-gnso@icann.org] On Behalf Of Liz Williams [lizawilliams@mac.com] Sent: Thursday, October 29, 2009 5:18 PM To: Mike O'Connor Cc: Zahid Jamil; 'bc - GNSO list' Subject: Re: [bc-gnso] Update on TM Rights Protection Mechanisms Negotiations support Mikey's position -- the way you're doing it is the way forward! On 29 Oct 2009, at 17:04, Mike O'Connor wrote: you've got my support. keep at it Zahid. this is precisely the kind of behavior we need if we're to break out of the "old habits, old fights" mindset that so clogs the arteries of ICANN. mikey On Oct 29, 2009, at 11:56 AM, Zahid Jamil wrote: Dear All, Met with ALAC reps today for an hour before the STI meeting. We found common ground on nearly all essential BC positions. (facilitated by Alan – ALAC Liaison). The actual STI meeting took place in a very conducive atmosphere. The unreasonably short time line set by the Board was discussed. My feeling is we may have spent too much time on process (40 mins). Jeff Neuman, Jon Nevett and I voiced our desire to get on with the substantive discussions. Issues were listed and it was decided that we would focus on them in our discussions over calls. The group has asked staff to provide information on whether there will be support available for a face to face meeting as several members feel some of these issues may not be solvable otherwise. After the meeting I spent an hour with NCSG and ALAC. We seem to have common ground on several of the essential BC positions. NCSG requested these not be discussed publicly yet. They are also attempting to see if I can meet with Wendy tomorrow (she as absent due to her Board meetings). The meeting with her will probably be important in ensuring that the common ground seemingly achieved is maintained. One issue that Registrar and Registry reps did not support was the notion of a post launch IP Claims service. However, this is on the issues listed to be discussed. On another note my sense is that my outreach and attempts to discuss matters with ALAC and NCSG does not seem to attract any support (in fact in some respects I sense the opposite). This is a cause for concern. Sincerely, Zahid Jamil Barrister-at-law Jamil & Jamil Barristers-at-law 219-221 Central Hotel Annexe Merewether Road, Karachi. Pakistan Cell: +923008238230 Tel: +92 21 5680760 / 5685276 / 5655025 Fax: +92 21 5655026 <http://www.jamilandjamil.com/> www.jamilandjamil.com Notice / Disclaimer This message contains confidential information and its contents are being communicated only for the intended recipients . If you are not the intended recipient you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this message by mistake and delete it from your system. The contents above may contain/are the intellectual property of Jamil & Jamil, Barristers-at-Law, and constitute privileged information protected by attorney client privilege. The reproduction, publication, use, amendment, modification of any kind whatsoever of any part or parts (including photocopying or storing it in any medium by electronic means whether or not transiently or incidentally or some other use of this communication) without prior written permission and consent of Jamil & Jamil is prohibited. From: owner-bc-gnso@icann.org [mailto:owner-bc-gnso@icann.org] On Behalf Of Zahid Jamil Sent: Thursday, October 29, 2009 12:14 AM To: 'bc - GNSO list' Subject: [bc-gnso] Update on TM Rights Protection Mechanisms Negotiations Today the 3 days of off line negotiations and reaching out to the ALAC and NCSG on the issue of the IRT Report and the RPMs were successful. 3 hours of discussion (with the help of the ALAC- Alan and Cheryl) on Monday with NCSG reps (Kathryn Kleiman and Konstantinos Komaitis) followed by discussions through yesterday were successful in providing background and a context to the BC position on the IRT Report. Initially on the Council list the NCSG had indicated and unwillingness of the IRT being available as a resource. Summary of points for discussion that were discussed were (subject to them being taken back to the NCSG): Welcome the IRT and other resources being available to the GNSO Working Group working on the Board’s letter regarding the RPMs (ie. STI review team). At the session on Thursday (today) express the willingness that NCSG had for reaching out constructively to the GNSO community (language discussed included reaching common ground). The GNSO passed a Resolution today with the support of the NCSG stating: The assistance of members of the IRT in answering questions about the IP Clearinghouse and Uniform Rapid Suspension System recommendations may be useful to this work. The GNSO Council requests that members of the IRT who worked on those recommendations be available to answer any such questions that may arise; I believe that possibly a more integral part than the discussion with Kathy in achieving this was the efforts of members from other Constituency(s) that may have helped mediate this resolution through. In today’s session on Trademark Protection and new gTLDs (transcript attached): Kathy responded positively and at the end of her first intervention stated: ‘....we in the NCUC want to work with you. We want to establish common ground, and we wish the best of luck for all of us in this expedited process.’ She even went as far as saying in regards the IRT URS recommendation for Appeal: ‘.....and I have to say it, and I guess I'm on the record, the IRT kind of got this one right and let's go back to that.’ This was met with equal good will by CSG members: J. Scott, now President of the IPC said: ‘I worked with Kathy Kleiman, and we drafted the UDRP final version with Louis Touton and a group of other talented people, many of whom are here today................We just want to solve a problem. That's what we're here to do. We want to work with registries, registrars, NCUC. That's what we're here for. We're problem solvers. We want to solve the problem. Thank you for the opportunity, and we look forward to working together in the near future. Zahid Jamil BC Councillor said: ‘First of all, I would like to acknowledge and thank Kathy for the NCUC's constructive invitation to work with goodwill. We look forward to the sentiment continuing in the GNSO. So thank you for that..........’ With respect to several aspects of the IRT Solutions it seems that NCSG and BC may be able to find common ground. I am sure there must have been much discussion in the NCSG itself about taking these positions after discussing matters with the BC and other individuals. So Kudos to Kathy and Kostantino for achieving success for not letting down our discussions from Monday for which I have thanked them. Efforts of Alan and Cheryl to set up some of the atmosphere for the interaction also helped. Also in other private discussions this evening with some ALAC reps it seems that there may be even more common ground possible with the BC positions. This sentiment seems to have created an atmosphere which may enable some parties with divergent views reaching consensus on some aspects at least. I hope this interaction will also help BC, NCSG and ALAC collaborating on other issues in the future. Through private meetings tomorrow leading up to the STI session I hope this sentiment continues. Will report back after tomorrows STI meeting. Sincerely, Zahid Jamil Barrister-at-law Jamil & Jamil Barristers-at-law 219-221 Central Hotel Annexe Merewether Road, Karachi. Pakistan Cell: +923008238230 Tel: +92 21 5680760 / 5685276 / 5655025 Fax: +92 21 5655026 <http://www.jamilandjamil.com/> www.jamilandjamil.com Notice / Disclaimer This message contains confidential information and its contents are being communicated only for the intended recipients . If you are not the intended recipient you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this message by mistake and delete it from your system. The contents above may contain/are the intellectual property of Jamil & Jamil, Barristers-at-Law, and constitute privileged information protected by attorney client privilege. The reproduction, publication, use, amendment, modification of any kind whatsoever of any part or parts (including photocopying or storing it in any medium by electronic means whether or not transiently or incidentally or some other use of this communication) without prior written permission and consent of Jamil & Jamil is prohibited. - - - - - - - - - phone 651-647-6109 fax 866-280-2356 web www.haven2.com handle OConnorStP (ID for public places like Twitter, Facebook, Google, etc.)
Zahid, I am not sure I understand your last paragraph here, who are you sensing is not supportive? You are certainly and gratefully supported by the BC, for your absolutely heroic efforts this week at brokering compromise on these issues - not to mention all the time and effort you spent on the IRT. It is noticed by many other people in the community this week, and I have not heard any negative criticism other than for one or two of our specific proposals, which naturally must be expected. Still there is widespread optimism that these issues will be resolved in the next few months, even if not by the December 14 artificial deadline set by the Board. It has been a great week of incremental progress, and you are a great asset for the BC. Keep it up, I remain available always to support you. Mike Rodenbaugh RODENBAUGH LAW 548 Market Street San Francisco, CA 94104 <http://service.ringcentral.com/ringme/callback.asp?mbid=57178438,0,&referer =http://rodenbaugh.com/contact> (415) 738-8087 <http://rodenbaugh.com/> http://rodenbaugh.com From: owner-bc-gnso@icann.org [mailto:owner-bc-gnso@icann.org] On Behalf Of Zahid Jamil Sent: Thursday, October 29, 2009 9:57 AM To: 'bc - GNSO list' Subject: RE: [bc-gnso] Update on TM Rights Protection Mechanisms Negotiations Dear All, Met with ALAC reps today for an hour before the STI meeting. We found common ground on nearly all essential BC positions. (facilitated by Alan - ALAC Liaison). The actual STI meeting took place in a very conducive atmosphere. The unreasonably short time line set by the Board was discussed. My feeling is we may have spent too much time on process (40 mins). Jeff Neuman, Jon Nevett and I voiced our desire to get on with the substantive discussions. Issues were listed and it was decided that we would focus on them in our discussions over calls. The group has asked staff to provide information on whether there will be support available for a face to face meeting as several members feel some of these issues may not be solvable otherwise. After the meeting I spent an hour with NCSG and ALAC. We seem to have common ground on several of the essential BC positions. NCSG requested these not be discussed publicly yet. They are also attempting to see if I can meet with Wendy tomorrow (she as absent due to her Board meetings). The meeting with her will probably be important in ensuring that the common ground seemingly achieved is maintained. One issue that Registrar and Registry reps did not support was the notion of a post launch IP Claims service. However, this is on the issues listed to be discussed. On another note my sense is that my outreach and attempts to discuss matters with ALAC and NCSG does not seem to attract any support (in fact in some respects I sense the opposite). This is a cause for concern. Sincerely, Zahid Jamil Barrister-at-law Jamil & Jamil Barristers-at-law 219-221 Central Hotel Annexe Merewether Road, Karachi. Pakistan Cell: +923008238230 Tel: +92 21 5680760 / 5685276 / 5655025 Fax: +92 21 5655026 <http://www.jamilandjamil.com/> www.jamilandjamil.com Notice / Disclaimer This message contains confidential information and its contents are being communicated only for the intended recipients . If you are not the intended recipient you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this message by mistake and delete it from your system. The contents above may contain/are the intellectual property of Jamil & Jamil, Barristers-at-Law, and constitute privileged information protected by attorney client privilege. The reproduction, publication, use, amendment, modification of any kind whatsoever of any part or parts (including photocopying or storing it in any medium by electronic means whether or not transiently or incidentally or some other use of this communication) without prior written permission and consent of Jamil & Jamil is prohibited. From: owner-bc-gnso@icann.org [mailto:owner-bc-gnso@icann.org] On Behalf Of Zahid Jamil Sent: Thursday, October 29, 2009 12:14 AM To: 'bc - GNSO list' Subject: [bc-gnso] Update on TM Rights Protection Mechanisms Negotiations Today the 3 days of off line negotiations and reaching out to the ALAC and NCSG on the issue of the IRT Report and the RPMs were successful. 3 hours of discussion (with the help of the ALAC- Alan and Cheryl) on Monday with NCSG reps (Kathryn Kleiman and Konstantinos Komaitis) followed by discussions through yesterday were successful in providing background and a context to the BC position on the IRT Report. Initially on the Council list the NCSG had indicated and unwillingness of the IRT being available as a resource. Summary of points for discussion that were discussed were (subject to them being taken back to the NCSG): Welcome the IRT and other resources being available to the GNSO Working Group working on the Board's letter regarding the RPMs (ie. STI review team). At the session on Thursday (today) express the willingness that NCSG had for reaching out constructively to the GNSO community (language discussed included reaching common ground). The GNSO passed a Resolution today with the support of the NCSG stating: The assistance of members of the IRT in answering questions about the IP Clearinghouse and Uniform Rapid Suspension System recommendations may be useful to this work. The GNSO Council requests that members of the IRT who worked on those recommendations be available to answer any such questions that may arise; I believe that possibly a more integral part than the discussion with Kathy in achieving this was the efforts of members from other Constituency(s) that may have helped mediate this resolution through. In today's session on Trademark Protection and new gTLDs (transcript attached): Kathy responded positively and at the end of her first intervention stated: '....we in the NCUC want to work with you. We want to establish common ground, and we wish the best of luck for all of us in this expedited process.' She even went as far as saying in regards the IRT URS recommendation for Appeal: '.....and I have to say it, and I guess I'm on the record, the IRT kind of got this one right and let's go back to that.' This was met with equal good will by CSG members: J. Scott, now President of the IPC said: 'I worked with Kathy Kleiman, and we drafted the UDRP final version with Louis Touton and a group of other talented people, many of whom are here today................We just want to solve a problem. That's what we're here to do. We want to work with registries, registrars, NCUC. That's what we're here for. We're problem solvers. We want to solve the problem. Thank you for the opportunity, and we look forward to working together in the near future. Zahid Jamil BC Councillor said: 'First of all, I would like to acknowledge and thank Kathy for the NCUC's constructive invitation to work with goodwill. We look forward to the sentiment continuing in the GNSO. So thank you for that..........' With respect to several aspects of the IRT Solutions it seems that NCSG and BC may be able to find common ground. I am sure there must have been much discussion in the NCSG itself about taking these positions after discussing matters with the BC and other individuals. So Kudos to Kathy and Kostantino for achieving success for not letting down our discussions from Monday for which I have thanked them. Efforts of Alan and Cheryl to set up some of the atmosphere for the interaction also helped. Also in other private discussions this evening with some ALAC reps it seems that there may be even more common ground possible with the BC positions. This sentiment seems to have created an atmosphere which may enable some parties with divergent views reaching consensus on some aspects at least. I hope this interaction will also help BC, NCSG and ALAC collaborating on other issues in the future. Through private meetings tomorrow leading up to the STI session I hope this sentiment continues. Will report back after tomorrows STI meeting. Sincerely, Zahid Jamil Barrister-at-law Jamil & Jamil Barristers-at-law 219-221 Central Hotel Annexe Merewether Road, Karachi. Pakistan Cell: +923008238230 Tel: +92 21 5680760 / 5685276 / 5655025 Fax: +92 21 5655026 <http://www.jamilandjamil.com/> www.jamilandjamil.com Notice / Disclaimer This message contains confidential information and its contents are being communicated only for the intended recipients . If you are not the intended recipient you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this message by mistake and delete it from your system. The contents above may contain/are the intellectual property of Jamil & Jamil, Barristers-at-Law, and constitute privileged information protected by attorney client privilege. The reproduction, publication, use, amendment, modification of any kind whatsoever of any part or parts (including photocopying or storing it in any medium by electronic means whether or not transiently or incidentally or some other use of this communication) without prior written permission and consent of Jamil & Jamil is prohibited.
participants (8)
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Liz Williams -
Marilyn Cade -
marilynscade＠hotmail.com
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Mike O'Connor -
Mike Rodenbaugh -
Phil Corwin -
Ron Andruff -
Zahid Jamil