Maybe I'm just sleep-deprived, but I was wondering when, whether and how ICANN decides to open public comment periods on ostensibly non-policy issues and recommendations (as this one seems to be).

While I think it will be helpful to get public and open information about the source of the perception that trademark owners feel the need to defensively register at the top level, and it will certainly be useful to get more suggestions as to how ICANN can better communicate to trademark holders the current protections available (including the option of a Legal Rights Objection process), I'm curious as to: (1) what prompted this particular comment period; and (2) the basis upon which ICANN decides on public comment periods relating to requests for clarifications/information rather than when (as is more common) soliciting direct comment on pending recommendations and specific policy matters.

More specifically, the ATRT had recommended that public comment periods have distinct purposes (e.g. Notice of Inquiry vs Notice of Policy Making), and that prioritization of these "should be established based on coordinated community input and consultation with staff". Can ICANN staff comment on how this is done?

(OTOH if this comment period relates to a policy matter that might lead to Board consideration or adoption of new measures per the Bylaws, that opens a whole other set of issues and questions ... !)

I'm curious also as to what other Councilors and/or your constituents think.

Mary W S Wong

Professor of Law

Chair, Graduate IP Programs

Director, Franklin Pierce Center for IP

UNIVERSITY OF NEW HAMPSHIRE SCHOOL OF LAW

Two White Street

Concord, NH 03301

USA

Email: mary.wong@law.unh.edu

Phone: 1-603-513-5143

Webpage: http://www.law.unh.edu/marywong/index.php

Selected writings available on the Social Science Research Network (SSRN) at: http://ssrn.com/author=437584

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From:	Glen de Saint Géry<Glen@icann.org>
To:	"council@gnso.icann.org GNSO" <council@gnso.icann.org>
Date:	2/10/2012 10:50 AM
Subject:	[council] Defensive Applications for New gTLDs - public comment period opened

http://www.icann.org/en/announcements/announcement-06feb12-en.htm

Defensive Applications for New gTLDs

Announcement: Comment Period Opens on Date: 6 February 2012

Categories/Tags: Top-Level Domains

Purpose (Brief): The New gTLD Program features carefully crafted, new protections for trademark owners and consumers. When considering applications for new top-level names, the process is designed to protect these important interests through independent objection and dispute resolution processes (and other processes). However, as the time of the opening of the new gTLD application window drew near, parties stated their perception that they will need to submit "defensive" gTLD applications as a means to protect their trademarks. ICANN is seeking public comment on the sources of this perception and how it can be addressed

Public Comment Box Link: http://www.icann.org/en/public-comment/newgtlds-defensive-applications-06feb12-en.htm

Glen de Saint Géry

GNSO Secretariat

gnso.secretariat@gnso.icann.org

http://gnso.icann.org