Subject: Re: Clearinghouse statement
From: "Mark V. B. Partridge" <[email-masked]>
To: "GNSO STI" <[email-masked]>, "Margie Milam" <[email-masked]>
Date: Wed, 2 Dec 2009 22:18:35 -0500

Dear Members of the STI:
 
Your attention is invited to the following statement on behalf of the IPC leadership and STI representatives for consideration in connection with our telephone conference on the Clearinghouse on December 3, 2009.
 
Cordially,
 
Mark Partridge
 
>>>>>>>>>>
 
The STI is currently considering a proposal advocated by the NCSG representatives to the STI that would limit the trademark registration data included in the Clearinghouse to trademark registrations from countries that undertake substantive review.
 
This proposal is contrary to the recommendations of the IRT, and the IPC is strongly opposed to limiting the Clearinghouse in that manner.  A large number of developing and developed countries, including most of Europe, do not engage in substantive review on relative grounds.  It is a serious problem and unwise for ICANN to treat such systems in the Clearinghouse as being inferior or to disinfranchise registrants from these countries from participation in the Clearinghouse.  This would particularly prejudice small businesses and not-for-profits who may only budget for a limited number of registrations in their country of origin, rather than a global registration program.  
 
Instead, the Clearinghouse, at a minimum, should include registrations of national or multinational effect, as recommended by the IRT.  The proper solution for concerns about the scope and validity of registrations is to record all registrations of national or multi-national effect, and to deal with questions of scope and validity through notice, disclosure, challenge procedures and filing deadlines.
 
Reliance on the IRT report with respect to the URS standards is misplaced, as the URS is part of an overall dispute resolution system that accepts all types of trademark rights and merely limits the rights at issue in the URS where prior substantive review of registrations facilitates expedited proceedings.