December 2014 - Gnso-igo-ingo-crp

- Final SG/C Letter and Questions to Consider
by Steve Chan Dec. 12, 2014

Dec. 12, 2014

Dear WG Members, Attached, please find the final version of the letter drafted to solicit input from the stakeholder groups and constituencies; this letter was sent to the chairs of each of the SG/Cs yesterday. In addition, it was agreed on today¹s call that at least for the moment, the group would not break up into sub groups and would instead work together over the list to debate the following item from the group¹s work plan: "Develop potential considerations (e.g. qualifying requirements, authentication criteria and appeal processes) for IGOs and INGOs that would be relevant to their use of dispute resolution proceedings (existing or new)² The WG may want to consider the following questions when thinking about this item: * What might be a justifiable, principled basis for ³standing² other than TM rights, whether under the UDRP, URS or a new dispute resolution procedure? * * Assuming for the moment that sovereign immunity is a problem for IGOs (pending responses from the GAC and the IGOs), what type of appeal process other than what is now in the UDRP and URS might be a solution that would still offer adequate protection to registrants? Best, Steve Steven Chan Sr. Policy Manager ICANN 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094-2536 steve.chan(a)icann.org <mailto:steve.chan@icann.org> direct: +1.310.301.3886 mobile: +1.310.339.4410 tel: +1.310.301.5800 fax: +1.310.823.8649

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MP3 IGO WG - Wednesday, 10 December 2014 at 1700 UTC
by Nathalie Peregrine Dec. 10, 2014

Dec. 10, 2014

Dear All, Please find the MP3 recording for IGO-INGO Access to Curative Rights Protection Mechanisms Working Group call on Wednesday, 10 December 2014 at 1700 UTC at: http://audio.icann.org/gnso/gnso-igo-ingo-crp-access-2014121<http://audio.icann.org/gnso/gnso-igo-ingo-crp-access-20141203-en.mp3>0-en.mp3 On page: http://gnso.icann.org/en/group-activities/calendar#dec The recordings and transcriptions of the calls are posted on the GNSO Master Calendar page: http://gnso.icann.org/calendar/ Attendees: George Kirikos - Individual Petter Rindforth – IPC Phil Corwin – BC Kristine Dorrain- Individual Nat Cohen - BC Mason Cole – RySG David Maher – RySG Paul Keating – NCUC Val Sherman - IPC David Heasley - IPC Susan Kawaguchi – BC Osvaldo Novoa - ISPCP Apologies: Mary Wong ICANN staff: Berry Cobb Steve Chan Nathalie Peregrine ** Please let me know if your name has been left off the list ** Mailing list archives: http://mm.icann.org/pipermail/gnso-igo-ingo-crp/ Wiki page: https://community.icann.org/x/97rhAg Thank you. Kind regards, Nathalie Peregrine ------------------------------- Adobe Connect chat transcript for Wednesday, 10 December 2014: Nathalie Peregrine:Dear all, welcome to the IGO-INGO Curative Rights Protection PDP WG Meeting on the 10 December 2014 George Kirikos:Hi everyone. George Kirikos:Is there a meeting next week? I believe Hannukah starts next Tuesday, although I'm not sure if that'll affect any of our participants/members. Paul Keating:hello all. George Kirikos:Hi Paul. Petter Rindforth:We will discuss that during this meeting - we plan to have just a short update meeting Osvaldo Novoa:Hello all, sorry I am late. George Kirikos:Welcome, Osvaldo. Philip Corwin:Hello all Steve Chan:sorry all, let me put up the current version George Kirikos:Petter: were you able to clarfiy the email to the IPC mailing list? Nathalie Peregrine:Nat Cohen is on the audio bridge George Kirikos:It looks like it hasn't been sent to the Business Constituency yet (their mailing list is public athttp://forum.icann.org/lists/bc-gnso/ ) Paul Keating:I think the registrars should recieve a copy as well since any change to the UDRP would require a change to the RA. George Kirikos:Paul might be on mute? George Kirikos:*6 to mute/unmute, I think. Nathalie Peregrine:@ Paul, you need to activate your AC mic, as you are not on the audio bridge Philip Corwin:I believe the plan is to send to all SGs and Acs, including registrar SG Paul Keating:I will through my MAC to the sea. Can you see my and George's comment. George Kirikos:I think it's going to every constituency, correct? Paul Keating:thank you. Philip Corwin:I have not seen on BC list yet, public or private Paul Keating:I will get this right one day :-( George Kirikos:I had another question? (re the update?) George Kirikos:Did we get anything back from the IGOs or the GAC yet? Steve Chan:Confirmed, the letter was sent to the BC. That chair may not have circulated to the wider group yet. Philip Corwin:Steve, when you get a chance please circulate the finakl version of the letter as sent out so everyone can have for their records? Thanks George Kirikos:Thanks Steve. Steve Chan:@phil, sure thing George Kirikos:http://www.wipo.int/amc/en/domains/decisions/html/2002/d2002-0222.h… Paul Keating:But the UDRP is founded in trademark law as noted by the WIPO White Paper. Paul Keating:Any inclusion of non-trademark rights would require a substantive change to the 1st Element of the Policy. Paul Keating:Phil, There is also nothing to stop UDRP Panels from treating their names as if Common Law Trademarks....... I see no reason to deal with this given the substantial nature of changes that would be required. George Kirikos:The UNITAID example I gave last week also had a TM: http://www.wipo.int/amc/en/domains/search/text.jsp?case=D2012-1922 Kristine Dorrain-NAF:I don't speak for IGOs but I suspect a concern is phishing. a legitimate business owning and operating IDEA.com is very different from some random person using it to divert funds, etc. Paul Keating:Peter, that is not a correct statement. Those UDRPs dealing with famous names were based ONLY on trademark. Paul Keating:I agree with George. Jay Chapman:agree with George as well Paul Keating:@Kristine, such issues are really well beyond the scope of a UDRP. George Kirikos:It would be more of an anti-impersonation policy. I think that can still be handled via the UDRP. Paul Keating:Phil, Janu 6/7 however is a very big day in Europe (Epiphany) and is actually more important than Christmas for many people. Kristine Dorrain-NAF:UDRP routinely handles phishing cases. If the IGO has a common law mark and the domain name owner is targeting that mark, even with an arguably "generic" word like IDEA, a high number of panelists are going to transfer that name to stop the harm. Paul Keating:@Kristine, yes but only as a function of finding bad faith and lack of LI. It is not used as a substitute for finding a trademark. George Kirikos:Yes. It won't stop folks from phishing via "fake-hhhh.biz" for IDEA (to give an example), since "IDEA" doesn't appear within the domain. Paul Keating:I agree with Phil Kristine Dorrain-NAF:I was not saying a new policy is needed. I just answering the question about why an IGO might go after something "generic" like IDEA. Just one reason. George Kirikos:(i.e. they couldn't get relief for that via the UDRP). But, that'd be a very different DRP. Kristine Dorrain-NAF:correct. UDRP does not deal with content. Which is a different problem. :) Paul Keating:I suggest we use next week to focus on Sov. Immunity and deal with teh trademark issue in January Paul Keating:I am sorry but I must go to a client board call. Thank you to all and have a great weekend. George Kirikos:I think Paul Tattersfield had checked a few already. George Kirikos:(via TMView, etc.) George Kirikos:Have a great day, everyone. Mason Cole:So long Kristine Dorrain-NAF:Thanks everyong Petter Rindforth:Thanks to you all!

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- Proposed Agenda
by Steve Chan Dec. 9, 2014

Dec. 9, 2014

Dear WG members, Here is the proposed agenda for the next WG call on Wednesday 10 December, to be chaired by Petter: 1. Roll Call/Updates to SOI 2. Update from WG chairs 3. Discuss WG approach (e.g. via small groups or other method) and brainstorming on Work Plan question: "Develop potential considerations (e.g. qualifying requirements, authentication criteria and appeal processes) for IGOs that would be relevant to their use of dispute resolution proceedings (existing or new)² 4. Next steps We look forward to speaking with you on the call. Best, Steven Chan Sr. Policy Manager ICANN 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094-2536 steve.chan(a)icann.org <mailto:steve.chan@icann.org> direct: +1.310.301.3886 mobile: +1.310.339.4410 tel: +1.310.301.5800 fax: +1.310.823.8649

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PLEASE RSVP Monthly GNSO WG Newcomer Open House Session
by Nathalie Peregrine Dec. 9, 2014

Dec. 9, 2014

Reminder: Monthly GNSO WG Newcomer Open House Session These ongoing monthly sessions are for new GNSO WG participants to come together and discuss any questions they may have about GNSO Working Groups, procedures and/or processes. We know there is a lot of information to digest when you join a GNSO Working Group and these monthly meetings are an opportunity for newcomers and more experienced participants to meet in an informal setting without the pressure of "real work" that needs be done. The agenda is flexible. The presenters will be ready with a standard set of materials if people would like to discuss them. Feel free to submit questions, either in advance or at the beginning of the meeting, if there is a topic that you would like to explore in more depth . Providing useful answers to a wide range of questions is part of the reason why these meetings are Thursday 23 October at 12.00 UTC (new date) Thursday 6 November at 20.00 UTC Thursday 4 December at 12.00 UTC To convert to your local time zone, please see http://www.timeanddate.com/worldclock/converter.html If you are interested to join the next meeting on 23 October or any of the future meetings, please let the GNSO Secretariat know ( <mailto:gnso-secs@icann.org> gnso-secs(a)icann.org) and we will send you the call details. If there are any specific questions you already have, or any overviews or introductions you think would be helpful (e.g. GNSO Policy Development Process or GNSO Working Group guidelines), please let us know in advance and we will prepare materials accordingly. Feel free to share this invitation with others that you think may be interested. We look forward to welcoming you at the next meeting! Nathalie Peregrine GNSO Secretariat

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Proposed final version of WG letter to GNSO Stakeholder Group/Constituency chairs
by Mary Wong Dec. 8, 2014

Dec. 8, 2014

Dear WG members, Please reply to the list if you have any concerns or comments about the latest version of the proposed WG letter to all GNSO SG/C chairs soliciting input on our work. This is the version sent by Jim to the WG mailing list on Friday 5 December (see below). If possible please send those concerns or comments (if any) by today (Monday) so that we can prepare a clean final version for Phil and Petter to send to the SG/C chairs as soon as possible. ICANN staff will also work with Phil and Petter to reformat/re-address the letter for sending to other ICANN Supporting Organizations and Advisory Committees. Thanks and cheers Mary Mary Wong Senior Policy Director Internet Corporation for Assigned Names & Numbers (ICANN) Telephone: +1 603 574 4892 Email: mary.wong(a)icann.org From: Jim Bikoff <jbikoff(a)sgbdc.com> Date: Friday, December 5, 2014 at 6:01 PM To: "gnso-igo-ingo-crp(a)icann.org" <gnso-igo-ingo-crp(a)icann.org> Subject: [Gnso-igo-ingo-crp] Agenda and draft document for WG call on Wednesday 3 December 2014 > Phil, > > Suggested revisions attached. > > Best, > > Jim > > James L. Bikoff > Silverberg, Goldman & Bikoff, LLP > 1101 30th Street, NW > Suite 120 > Washington, DC 20007 > Tel: 202-944-3303 > Fax: 202-944-3306 > jbikoff(a)sgbdc.com <mailto:jbikoff@sgbdc.com> > > > > > > > > From:gnso-igo-ingo-crp-bounces@icann.org [gnso-igo-ingo-crp-bounces(a)icann.org] > on behalf of Mary Wong [mary.wong(a)icann.org] > Sent: Tuesday, December 02, 2014 3:54 PM > To: gnso-igo-ingo-crp(a)icann.org > Subject: [Gnso-igo-ingo-crp] Agenda and draft document for WG call on > Wednesday 3 December 2014 > > Dear all, > > > > Here is the proposed agenda as well as a document for review and discussion > during our next WG call on Wednesday 3 December 2014: > 1. Roll Call/Updates to SOI > 2. Updates on previous Action Items (Mason Cole/ICANN staff) > 3. Discussion of draft letter to GNSO Stakeholder Group/Constituency chairs > (note that the final version can also be tweaked, as necessary, for sending to > SO/AC chairs outside the GNSO) > 4. [if time permits] Commence discussions of next Work Plan task: "Develop > potential considerations (e.g. qualifying requirements, authentication > criteria and appeal processes) for IGOs and INGOs that would be relevant to > their use of dispute resolution proceedings (existing or new)² > 5. Next steps > > > Thanks and cheers > > Mary > > > > Mary Wong > > Senior Policy Director > > Internet Corporation for Assigned Names & Numbers (ICANN) > > Telephone: +1 603 574 4892 > > Email: mary.wong(a)icann.org > >

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Agenda and draft document for WG call on Wednesday 3 December 2014
by Jim Bikoff Dec. 8, 2014

Dec. 8, 2014

Phil, Suggested revisions attached. Best, Jim James L. Bikoff Silverberg, Goldman & Bikoff, LLP 1101 30th Street, NW Suite 120 Washington, DC 20007 Tel: 202-944-3303 Fax: 202-944-3306 jbikoff(a)sgbdc.com<mailto:jbikoff@sgbdc.com> From: gnso-igo-ingo-crp-bounces(a)icann.org<mailto:gnso-igo-ingo-crp-bounces@icann.org> [gnso-igo-ingo-crp-bounces(a)icann.org] on behalf of Mary Wong [mary.wong(a)icann.org] Sent: Tuesday, December 02, 2014 3:54 PM To: gnso-igo-ingo-crp(a)icann.org<mailto:gnso-igo-ingo-crp@icann.org> Subject: [Gnso-igo-ingo-crp] Agenda and draft document for WG call on Wednesday 3 December 2014 Dear all, Here is the proposed agenda as well as a document for review and discussion during our next WG call on Wednesday 3 December 2014: 1. Roll Call/Updates to SOI 2. Updates on previous Action Items (Mason Cole/ICANN staff) 3. Discussion of draft letter to GNSO Stakeholder Group/Constituency chairs (note that the final version can also be tweaked, as necessary, for sending to SO/AC chairs outside the GNSO) 4. [if time permits] Commence discussions of next Work Plan task: "Develop potential considerations (e.g. qualifying requirements, authentication criteria and appeal processes) for IGOs and INGOs that would be relevant to their use of dispute resolution proceedings (existing or new)" 5. Next steps Thanks and cheers Mary Mary Wong Senior Policy Director Internet Corporation for Assigned Names & Numbers (ICANN) Telephone: +1 603 574 4892 Email: mary.wong(a)icann.org<mailto:mary.wong@icann.org>

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MP3 IGO WG - Wednesday, 03 December 2014 at 1700 UTC
by Terri Agnew Dec. 3, 2014

Dec. 3, 2014

Dear All, Please find the MP3 recording for IGO-INGO Access to Curative Rights Protection Mechanisms Working Group call on Wednesday, 03 December 2014 at 1700 UTC at: <http://audio.icann.org/gnso/gnso-igo-ingo-crp-access-20141203-en.mp3> http://audio.icann.org/gnso/gnso-igo-ingo-crp-access-20141203-en.mp3 On page: <http://gnso.icann.org/en/group-activities/calendar#dec> http://gnso.icann.org/en/group-activities/calendar#dec The recordings and transcriptions of the calls are posted on the GNSO Master Calendar page: <http://gnso.icann.org/calendar/> http://gnso.icann.org/calendar/ Attendees: George Kirikos - Individual Jim Bikoff – IPC Petter Rindforth – IPC Phil Corwin – BC Gary Campbell – GAC Kristine Dorrain- Individual Paul Tattersfield – Individual Lori Schulman – NPOC Nat Cohen - BC Imran Ahmed Shah – NCUC Kathy Kleiman – NCUC Jay Chapman - Individual Apologies: Mason Cole – RySG David Maher – RySG Paul Keating – NCUC ICANN staff: Mary Wong Berry Cobb Steve Chan Terri Agnew ** Please let me know if your name has been left off the list ** Mailing list archives: <http://mm.icann.org/pipermail/gnso-igo-ingo-crp/> http://mm.icann.org/pipermail/gnso-igo-ingo-crp/ Wiki page: <https://community.icann.org/x/97rhAg> https://community.icann.org/x/97rhAg Thank you. Kind regards, Terri Agnew ------------------------------- Adobe Connect chat transcript for Wednesday, 03 December 2014: Terri Agnew:Dear all, welcome to the IGO-INGO Curative Rights Protection PDP WG Meeting on the 03 December 2014 George Kirikos:Hi everyone. George Kirikos:It looks like just a few of us so far. Lori Schulman:Hello George Kirikos:Hi Lori. Petter Rindforth:Phil is the Meeting Chair today Gary Campbell:Hi all George Kirikos:Hi Gary. Petter Rindforth:...and hello all! George Kirikos:Did staff have a nice retreat? Petter Rindforth:Thanks, Mary - just saw that you have the latest version Steve Chan:@George, thanks for asking! It's been good so far, although almost a bit like a mini ICANN meeting :) George Kirikos:hehe Philip Corwin:Hello all George Kirikos:Welcome, Philip. Terri Agnew:Welcome Kristine Dorrain Kristine Dorrain-NAF:Thank you! sorry I'm late Mary Wong:@George, yes thank you for asking! Lots of good information sharing, brainstorming, training and cross-departmental discussions. Terri Agnew:Nat Cohen has joined audio Terri Agnew:Jim Bikoff has joined audio Mary Wong:The Sub-Group updates that Steve is mentioning: https://community.icann.org/x/khbxAg Terri Agnew:Imran Ahmed Shah has joined Kristine Dorrain-NAF:and I think I've dropped the ball on that.... :( Terri Agnew:Kathy Kleiman has joined audio Mary Wong:@Kristine - no worries. Thanks for taking it on; we're just making sure we don't move too far ahead without completing existing tasks :) Just let us know if you need anything more from staff at this stage. George Kirikos:I just found another UDRP case: http://www.wipo.int/amc/en/domains/search/text.jsp?case=D2012-1922 George Kirikos:"Unitaid is not a separate legal entity as the World Health Organisation serves as the host organization, providing its Secretariat, Trust Fund, administrative and fiduciary support. Today, Unitaid is supported by 29 countries and by the Bill & Melinda Gates Foundation." George Kirikos:"For the foregoing reasons, in accordance with paragraphs 4(i) of the Policy and 15 of the Rules, the Panel orders that the disputed domain names <unitaid.biz>, <unitaid.com>, <unitaid.info>, <unitaid.net> and <unitaid.org> be transferred to the Complainant." George Kirikos:(one of the few examples of cases brought by an IGO, and in this case, it won; in the World Food Program example, the UDRP was terminated, so no decision was made by the panel) Terri Agnew:Jay Chapman has joined Kathy:Hi All, I've been on the phone for a while, and now able to join the adobe connect. George Kirikos:Looks fine to me. Lori Schulman:I support the letter. Lori Schulman::) George Kirikos:It might be an IGO....still researching it. Kathy:Sounds (and looks) like a very good letter. Tx you! Paul Tattersfield:looks good George Kirikos:I'll send it to the mailing list, for those not here. Mary Wong:Thanks much, George. Imran Ahmed Shah:I also support letter, Kathy:I think Phil raises some very good points - and concerns. Mary Wong:Will do, Phil, thanks for the reminder. Petter Rindforth:Everything is perfect ;-) George Kirikos:I found another interesting decision, re: worldbank.net George Kirikos:http://www.wipo.int/amc/en/domains/decisions/html/2002/d2002-0222.h… George Kirikos:World Bank is definitely an IGO, and it's even on the reserved list. Kathy:reasonable! George Kirikos:https://www.icann.org/sites/default/files/packages/reserved-names/R… George Kirikos:Sounds like a reasonable plan, Phil. Lori Schulman:As I joined after the subgroups were formed, I am happy to volunteer for any new one that is formed. Mary Wong:Thanks, Lori. Lori Schulman:Lots to think about. Thanks for the great work. Kathy:Tx for the meeting, Phil and All! George Kirikos:Bye everyone. Have a great day. Mary Wong:Thanks everyone, thanks Phil! Steve Chan:Thanks all Nat Cohen:thanks Imran Ahmed Shah:thanks Jay Chapman:thanks Gary Campbell:Thanks Paul Tattersfield:thanks

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An interesting UDRP
by George Kirikos Dec. 3, 2014

Dec. 3, 2014

Hi folks, During our call today I discovered an interesting UDRP related to "UNITAID" http://www.wipo.int/amc/en/domains/search/text.jsp?case=D2012-1922 I'm not 100% sure whether it's an IGO, but it is hosted by the World Health Organization, and its members are mostly governments: http://en.wikipedia.org/wiki/Unitaid http://www.unitaid.eu/en/how/members It might be a demonstration of how IGOs might pursue UDRPs, under existing rules. In the UDRP decision, it mentions: "In 2009, a Fiduciary Agreement was made between the World Health Organization/Unitaid and the Complainant to file and hold in its own name, for the benefit of Unitaid, the necessary applications for the protection of the “Unitaid” name, according to the instructions and under the control of World Health Organization/Unitaid. In 2009, the Complainant thus registered, in its own name but for the benefit of World Health Organization/Unitaid, UNITAID as a trademark in numerous jurisdictions." That seems to be a great mechanism to entirely avoid the immunity/jurisdcition issue. Sincerely, George Kirikos 416-588-0269 http://www.leap.com/

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Agenda and draft document for WG call on Wednesday 3 December 2014
by Mary Wong Dec. 2, 2014

Dec. 2, 2014

Dear all, Here is the proposed agenda as well as a document for review and discussion during our next WG call on Wednesday 3 December 2014: 1. Roll Call/Updates to SOI 2. Updates on previous Action Items (Mason Cole/ICANN staff) 3. Discussion of draft letter to GNSO Stakeholder Group/Constituency chairs (note that the final version can also be tweaked, as necessary, for sending to SO/AC chairs outside the GNSO) 4. [if time permits] Commence discussions of next Work Plan task: "Develop potential considerations (e.g. qualifying requirements, authentication criteria and appeal processes) for IGOs and INGOs that would be relevant to their use of dispute resolution proceedings (existing or new)² 5. Next steps Thanks and cheers Mary Mary Wong Senior Policy Director Internet Corporation for Assigned Names & Numbers (ICANN) Telephone: +1 603 574 4892 Email: mary.wong(a)icann.org

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