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MP3 IGO WG - Wednesday, 29 April 2015 at 1600 UTC
by Nathalie Peregrine April 29, 2015

April 29, 2015

Dear All, There will be no IGO call next week on Wednesday 6th May 2015 Please find the MP3 recording for IGO-INGO Access to Curative Rights Protection Mechanisms Working Group call on Wednesday, 29 April 2015 at 1600 UTC at: http://audio.icann.org/gnso/gnso-igo-ingo-29apr15-en.mp3 On page: <http://gnso.icann.org/en/group-activities/calendar#mar>http://gnso.icann.org/en/group-activities/calendar#a<http://gnso.icann.org/en/group-activities/calendar#apr>pr<http://gnso.icann.org/en/group-activities/calendar#apr> 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 Val Sherman - IPC Jay Chapman – Individual Jim Bikoff – IPC Kathy Kleiman - NCUC Paul Keating - NCUC Kristine Dorrain- Individual David Maher - RySG Mason Cole – RySG Paul Tattersfield - Individual Lori Schulman - IPC Gary Campbell - GAC David Heasley - IPC Apologies: Osvaldo Novoa - NCUC ICANN staff: Mary Wong Steve Chan Berry Cobb 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 ------------------------------- Adobe Connect chat transcript for Wednesday, 29 April 2015: Nathalie Peregrine:Dear all, welcome to the IGO-INGO Curative Rights Protection PDP WG Meeting on the 29 April 2015 George Kirikos:Hello. Mary Wong:Hello George, hello Petter! George Kirikos:Hi Mary, Petter and Nathalie. Anything new and exciting in your worlds? Mary Wong:I think that depends on what you'd consider "new and exciting"! :) George Kirikos:I just finished my quaterly bookkeeping -- 4 hours of hell. :) George Kirikos:*quarterly, even Mary Wong:That sounds scary! Mary Wong:(which may be exciting to some, I suppose :)) George Kirikos:lol George Kirikos:Hi David. George Kirikos:2 minutes to go. George Kirikos:Here they come.....hi Jay and Mason. Mason Cole:hi all Jay Chapman:Hi George & everyone George Kirikos:Welcome Paul. Paul Tattersfield:Hi All Paul Tattersfield:Hi George Nathalie Peregrine:pkease all mute phones and mics s we are getting ane cho Nathalie Peregrine:*an echo Paul Keating:Hello everyone George Kirikos:It's strange, because it doesn't show the icon of the active speaker. Paul Keating:There is a very bad echo George Kirikos:Hi Paul K (2 Pauls in da house). Paul Keating:Haa! Nathalie Peregrine:the echo is being caused by a phone line, not by an AC MIC Paul Keating:That person had a very bad echo Paul Tattersfield:I'm afraid I'm no the Tall one val sherman:Jim Bikoff and David Heasley also on audio bridge Nathalie Peregrine:noted, thanks val Paul Keating:congrats! George Kirikos:It became the reserved list. Mary Wong:@Phil, that's correct. The GAC list of IGOs was received by ICANN in spring 2013 George Kirikos:https://www.icann.org/sites/default/files/packages/reserved-names/R… has the list, as we know. Lori Schulman:NGPC? Lori Schulman:I don't know this acronym Mary Wong:New gTLD Program Committee (a Board Committee) Lori Schulman:got it. Thanks. Lori Schulman:Not sure. Will type question. Lori Schulman:New technology. Paul Keating:Lori is following the Paul Keating approach to participation....... Paul Keating::-) Nathalie Peregrine:Lori, your phone line has dropped, you can activiate your mic by clicking on the telephone icon at the top of the AC toolbar Lori Schulman:Is this suggestion for the list the same thing that is the subject of the new GAC letter that asks for a database. Mary Wong:@Lori, which new letter? Lori Schulman:will paste link. I just saw it this morning. Lori Schulman:https://www.icann.org/en/system/files/correspondence/schneider-to-… Mary Wong:There's a 23 April letter regarding country and territory names Lori Schulman:yes, I may be confusing this but would it apply to IGO's as well? Paul Keating:like WHOis? Lori Schulman:that new letter? Mary Wong:@Lori, I don't believe so Lori Schulman:ok. Lori Schulman:It seems like it is the similar suggestion Kristine Dorrain-NAF:Lori, I think I hear you typing...is your audio prolem fixed? :) Lori Schulman:guess so. :) Paul Keating:I think it is included by reference. Kathy:I thought our charter included acronyms Lori Schulman:can you still hear typing Kristine? Lori Schulman:Hi Kathy, I thought our charter included acronyms too. Mary Wong:All, although the express language in the Charter speaks generally of "access to curative rights by IGOs and INGOs", the background information including the concerns previously stated by the GAC and IGOs point to the inclusion of acronyms - since at the second level that is the primary problem for IGOs. Paul Keating:@ Phil, can you please review briefly the "interim protections" that are in place?? Paul Keating:Thank you Mary and Phil Mary Wong:No worries! Paul Tattersfield:means IGO's have more protection than sovereign states Mary Wong:English v American style, Phil :) Paul Keating:@Phil or Jim, what can we do to move forward the legal advice issue on Sov Imm.?? Paul Keating:my question Paul Keating:@Mary can we obtain permission to spend money on an attorney? George Kirikos:It seems to be functional immunity, as we discussed before....although, country-by-country differences, depending on their treaties, etc. Lori Schulman:If there is no money, can we get a law school team to do it? Its a great question. George Kirikos:We shouldn't create new law....should be the lowest common denominator. Lori Schulman:Maybe reach out to the academics in our group? George Kirikos:Jones Day gets $4MM+/yr.... George Kirikos:We already had that other outside letter before, which didn't prove too useful. Paul Keating:But the question should be formed by the group and not ICANN staff (no offence Mary) Mary Wong:None taken, Paul Mary Wong:We're just finding out the process and timing Lori Schulman:yup, I agree Jones Day would not be a good choice for this. Mary Wong:We're thinking maybe a public international law professor of known standing in the international law community Lori Schulman:yes, Mary, that is where I was heading too. Lori Schulman:This is a tough question to answer. Lori Schulman:I imagine very complex and nuanced. Paul Keating:@Mary, I would like to have that name submitted to the WG and vetted prior to engagement. I do not feel we should waste our time such as happened previously. George Kirikos:The law is dynamic, not static, too. George Kirikos:So, it's a moving target. Mary Wong:From the initial staff research, the question of IGO privileges and immunities regarding jurisdiction is not a single, simple answer. Mary Wong:As George notes, and as our briefing note mentions, it varies state to state Paul Tattersfield:international economics professor advice has not always been the best route for ICANN in the past Lori Schulman:But we have to come down somewhere. George Kirikos:But, we've seen selected precedents already, to get a sense of the range of possibilities out there. Lori Schulman:This is not economics. Lori Schulman:I have a colleague here in DC that might qualify. He is a retired International Law expert and does arbritation with governments "for fun" Paul Tattersfield:I appreciate that it may be more black and white but there are still areas of opinion Lori Schulman:He might even work pro bono. Paul Keating:Changing the International Law of Sovereign Immunity ...www.vanderbilt.edu/jotl/manage/wp-content/.../Damrosch-pdf.pdfby LF Damrosch - Cited by 5 - Related articlesHamilton Fish Professor of International Law and Diplomacy and Henry L. ... A bit of confusion about the “law” in sovereign immunity law comes from language ... George Kirikos:Only a tiny, tiny fraction of cases ever get appealed. Mary Wong:There's also a distinction between state sovereign immunity and IGO immunity George Kirikos:So, in a sense, we're bogged down trying to satisfy 100% of scenarios, where practically 99% of scenarios are handled. Lori Schulman:I can do that. No problem. Paul Tattersfield:do you have the link Paul the one you supplied doesn't work here Mary Wong:As noted by some govts in the WIPO discussions, IGOs should not get greater immunity than states (which are sovereign) George Kirikos:*UDRP cases, of course. Paul Keating:@George, in all fairness hurricanes only occur infrequently but that fact does not help when it has destroyed your home :-) Petter Rindforth:Thanks, Lori Paul Keating:thank you everyone George Kirikos:Bye all. Jay Chapman:goodbye Kathy:bye all! Paul Tattersfield:do you have the vanderbilt.edu link Paul? Petter Rindforth:Bye!

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Link broken in Chat
by Paul Keating April 29, 2015

April 29, 2015

Mary, Thank you again for all of your work. I hope my chats were not "tough" as they were not intended to be. One of these days I will figure out how to actually speak d ruing one of these sessions. @all, attached is the PDF that was in the link (which Phil kindly alerted me was broken). Could you kindly store it in the WG files? Many thanks again. Paul

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Updated agenda for the WG call today
by Mary Wong April 29, 2015

April 29, 2015

Dear WG members, As requested by some WG members, the agenda for the meeting today has been amended, as follows: 1. Roll call/updates to SOI 2. Summary of GAC advice to ICANN Board concerning protections for IGO names and acronyms (see summary attached to original agenda announcement from 28 April) 3. Review status of GNSO work concerning preventative and curative rights protections for IGO names and acronyms (staff to update) 4. Discuss possible options with regard to WG¹s chartered purposes, based on WG discussions from prior meetings (e.g. compare rationales, benefits and disadvantages of amending existing dispute resolution processes, developing a new and separate procedure, and recommending no changes; suggest additional possible recommendations such as education/outreach) 5. Next steps/next meeting 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 documents for next WG call
by Mary Wong April 29, 2015

April 29, 2015

Dear WG members, With apologies for the slight delay, here is the proposed agenda for our next WG call, scheduled for Wednesday 29 April 2015 at 1600 UTC: 1. Roll call/updates to SOI 2. Summary of GAC advice to ICANN Board concerning protections for IGO names and acronyms (see attached) 3. Review status of GNSO work concerning preventative and curative rights protections for IGO names and acronyms (staff to update) 4. Discuss merits and disadvantages of amending existing dispute resolution processes compared to developing a new and separate procedure (based on WG discussions from prior meetings) 5. Next steps/next meeting 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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Update and next meeting
by Mary Wong April 28, 2015

April 28, 2015

Dear WG members, This note is to inform you all that at its last meeting on 16 April, the GNSO Council approved the proposed amendment to our WG charter, without any modification to the language as proposed: http://gnso.icann.org/en/council/resolutions#201504. Thanks go to Susan Kawaguchi, our WG liaison from the GNSO Council, for proposing the motion and to Phil Corwin, our WG co-chair and GNSO Council member, for facilitating its passage through the Council process. Also, please note that the next WG meeting is being scheduled for Wednesday 29 April 2015, at the usual time of 1600 UTC. The GNSO Secretariat will send out the usual notice and calendar invitations shortly, and the co-chairs/staff will send out a suggested agenda before the call as well. 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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FW: GNSO Council Resolutions 16 April 2015
by Glen de Saint Géry April 16, 2015

April 16, 2015

FYI - resolution 3 Dear Councillors, Please find the resolutions passed by the GNSO Council in its meeting on Thursday, 16 April 2015. These are also published on page: http://gnso.icann.org/en/council/resolutions Consent Agenda 1. Adoption of the Standing Committee on Improvement Implementation (SCI) Review Request Concerning Seconding and Amendments WHEREAS: 1. The SCI submitted to the GNSO Council on 05 March 2015 a Review Request that noted the following issue: a. Although there is currently a rule regarding the deadline for timely submission of motions for voting by the GNSO Council (see Section 3.3 of the Operating Procedures), there is none regarding: (i) whether, how and by whom a properly submitted motion is to be seconded, and (ii) treatment of proposed amendments to such motions as either "friendly" or "unfriendly". b. These have been supported by Council practice to date as opposed to operating procedural rules. RESOLVED: 1. The GNSO Council requests that the SCI codifies the existing customary practices of the GNSO Council (as described above). 2. If the SCI believes that the current practices are inappropriate, the SCI should convey its reasons for such belief to the Council and develop new processes to govern the seconding of motions and amendments to motions. 3. The GNSO Council suggests that in carrying out this task the SCI consult past GNSO Chairs and Councilors as well as commonly accepted guides and practices (such as Robert's Rules of Order) and other ICANN bodies (such as the Board and other SO/ACs). Consent Agenda 2. Adoption of the Standing Committee on Improvement Implementation (SCI) Review Request Concerning Overlap of Waiver and Resubmission WHEREAS: 1. The SCI submitted to the GNSO Council on 05 March 2015 a Review Request that noted the following issue: a. The latest version of the Procedures incorporates approved new procedures recommended by the SCI relating to the Council's ability to: (i) waive the general rule of a 10-day deadline for the submission of motions for voting (Section 3.3.2), and (ii) permit a motion that has been voted on but not adopted to be resubmitted for reconsideration (Section 4.3.3). 2. The Council's original request that the SCI consider these two situations did not explicitly ask that the SCI consider also the possible interplay between them (e.g. if a resubmitted motion is sent to the Council after the 10-day deadline applicable to the next scheduled Council meeting). 3. Although the SCI discussed this issue, it did not reach consensus on whether and how to address the potential problem. RESOLVED: 1. The GNSO Council requests the SCI to consider whether or not there is a need to include a further rule (possibly as an additional paragraph under the new Section 3.3.2) that specifically addresses the possible interplay between the new rules applicable to waiver of the 10-day motion deadline and resubmission of a motion. 3. Amendment to the charter for the IGO-INGO access to Curative Rights Protection Mechanisms PDP Working Group. WHEREAS: 1. On 5 June 2014 the GNSO Council approved<http://gnso.icann.org/en/council/resolutions#201406> the initiation of a Policy Development Process (PDP) to explore whether amendments to existing curative rights mechanisms (such as the Uniform Dispute Resolution Policy (UDRP) and the Uniform Rapid Suspension (URS) procedure) or the creation of a separate, narrowly tailored dispute resolution mechanism will be necessary to address the needs of International Governmental Organizations (IGO) and International Non-Governmental Organizations (INGO) in protecting their names and acronyms at the second level in generic top-level domains (gTLD); 2. On 25 June 2014 the GNSO Council chartered<http://gnso.icann.org/en/council/resolutions#201406> the IGO-INGO Access to Curative Rights Protection Mechanisms Working Group to begin work on the PDP; 3. The Charter<http://gnso.icann.org/en/drafts/igo-ingo-crp-access-charter-24jun14-en.pdf> for the Working Group contemplates that in relation to IGOs the Working Group is to use the IGO List<https://community.icann.org/download/attachments/48347918/GAC%20List%20of%2…> provided to ICANN by the Governmental Advisory Committee (GAC) in March 2013, which is based on the eligibility criteria<http://www.iana.org/domains/int/policy> for an IGO to register a domain name in the .int gTLD, and which was the basis upon which the PDP Working Group on the Protection of International Organization Identifiers in All gTLDs made their consensus recommendations in November 2013; 4. After analyzing the historical documents, legal texts and research related to the issue of an IGO's standing to file a complaint under the UDRP and URS, the Working Group has reached a preliminary conclusion that a more appropriate basis for standing under any applicable curative rights dispute resolution process may be the legal protections for IGO names and acronyms that are conferred by Article 6ter of the Paris Convention for the Protection of Industrial Property; 5. This preliminary conclusion is supported by the May 2002 recommendation<https://community.icann.org/download/attachments/48347918/WIPO%20SCT%202002…> of the World Intellectual Property Organization's Standing Committee for Trademarks, Industrial Designs and Geographical Indications as well as the December 2011 open letter<https://www.icann.org/en/news/correspondence/igo-counsels-to-beckstrom-et-a…> sent to ICANN by legal counsel of twenty-eight IGOs; and 6. The Working Group has requested that the GNSO Council approve an amendment to the Working Group Charter that will include the flexibility to consider all appropriate eligibility options. RESOLVED: 1. The GNSO Council approves the request from the Working Group to amend its Charter, as follows: Where, under "Mission and Scope", the current Charter reads: "For purposes of this PDP, the scope of IGO and INGO identifiers is to be limited to those identifiers previously listed by the GNSO's PDP WG on the Protection of International Organization Identifiers in All gTLDs as protected by their consensus recommendations (designated by that WG as Scope 1 and Scope 2 identifiers, and listed in Annex 2 of the Final Issue Report)." It is hereby amended to read: "For purposes of this PDP, the WG shall take into account any criteria for IGO or INGO protection that may be appropriate, including any that may have been developed previously, such as the list of IGO and INGO identifiers that was used by the GNSO's prior PDP WG on the Protection of International Organization Identifiers in All gTLDs as the basis for their consensus recommendations and the GAC list of IGOs as provided to ICANN in March 2013." Please let me know if you have any questions. Thank you. Kind regards, Glen Glen de Saint Géry GNSO Secretariat gnso.secretariat(a)gnso.icann.org<mailto:gnso.secretariat@gnso.icann.org> http://gnso.icann.org

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WG meeting tomorrow CANCELED
by Mary Wong April 14, 2015

April 14, 2015

Dear WG members, Please note that the WG meeting scheduled for tomorrow, Wednesday 15 April, has been CANCELED it will be rescheduled for either 22 or 19 April so please look out for a new calendar invitation via email shortly. The WG cochairs have reviewed our progress to date with reference to all of the tasks that our WG was chartered to perform. As you will see from the attached annotated version of the Charter, our group has made substantial progress since we began our work. Since deliberations on some of the remaining work items will likely depend in part on either GAC feedback or the IGOs¹ further responses, especially on the issue of sovereign immunity, Petter and Phil have decided that it may be better to reschedule for the moment. 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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Updated MP3 IGO WG - Wednesday, 01 April 2015 at 1600 UTC
by Nathalie Peregrine April 1, 2015

April 1, 2015

Dear All, Please find the MP3 recording for IGO-INGO Access to Curative Rights Protection Mechanisms Working Group call on Wednesday, 01 April 2015 at 1600 UTC at: http://audio.icann.org/gnso/gnso-igo-ingo-01apr15-en.mp3 On page: http://gnso.icann.org/en/group-activities/calendar#a<http://gnso.icann.org/en/group-activities/calendar#apr>pr<http://gnso.icann.org/en/group-activities/calendar#apr> 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 Val Sherman - IPC Jay Chapman – Individual Kathy Kleiman - NCUC David Maher - RySG Mason Cole – RySG Jim Bikoff – IPC Jay Chapman – Individual Paul Tattersfield - Individual Lori Schulman - NPOC Apologies: none ICANN staff: Mary Wong Amy Bivins Steve Chan Yolande Jimenez 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 ------------------------------- Adobe Connect chat transcript for Wednesday, 01 April 2015: Nathalie Peregrine:Dear all, welcome to the IGO-INGO Curative Rights Protection PDP WG Meeting on the 01 April 2015 George Kirikos:Hi everyone. Nathalie Peregrine:Hello George! George Kirikos:Hi Nathalie. How art thou? Petter Rindforth:Hi there! George Kirikos:Hey Petter. How are you doing? Petter Rindforth:The spring is slowly coming to Sweden, so I'm happy :-) George Kirikos:Great. :-) George Kirikos:My bank is a joke....30 mins on hold, grrrr. Val Sherman:Hi All! George Kirikos:Hi Val. Philip Corwin:Hello all George Kirikos:lol Petter! George Kirikos:Welcome, Phil. Philip Corwin:With ICANN, any given day can be a Fool's Day ;-) Mary Wong:Sorry - didn't realize we were going through the letter Mary Wong:This is the final version based on everyone's comments, which Phil and Petter will be sending to the IGO small group; they are reviewing it one last time prior to sending Nathalie Peregrine:Kathy Kleiman has joined the call Mary Wong:Thanks for the very helpful suggestions, George! George Kirikos:Here's the video with ICANN President Fadi Chehade:https://www.youtube.com/watch?v=yGwbYljtNyI Mason Cole:That's good to know, thanks Steve. George Kirikos:Will the GAC perhaps wait until after the next ICANN meeting (face-to-face) before responding? George Kirikos:(next meeting is end of June) Steve Chan:@George, I'm under the impression that it should definitely be prior to the next meeting George Kirikos:Thanks, Steve. Nathalie Peregrine:Lori Schulman joined the call lori Schulman:sorry I am late. tough month but I am back Mary Wong:Welcome back, Lori, and congrats on the new position again! George Kirikos:Welcome, Lori. lori Schulman:thank you. George Kirikos:New position? George Kirikos:Might need to update Statement of Interest? George Kirikos:https://community.icann.org/display/gnsosoi/Lori+S.+Schulman+SOI lori Schulman:yes, I am now Senior Director for Internet policy for INTA George Kirikos:Congratulations. lori Schulman:I need to change my SOI. I haven't done that yet. lots to do. lori Schulman:I will do it after our meeting. DAvid Maher (GNSO - RySG):@ Lori CONGRATS! Philip Corwin:Congrats Lori. As a member of INTA's Internet Committee I look forward to working with you in that context. George Kirikos:#4 mentions 6ter lori Schulman:Thank you David. I appreciate that knowing you are a recovering TM lawyer. Kathy Kleiman:makes sense - tx for the discussion! lori Schulman:thank you Phil. I am very excited. George Kirikos:Didn't we send a letter to the GNSO Council saying that INGOs were off the table? George Kirikos:Thanks, Phil. Mary Wong:Note also that the Council may well amend (expand/limit/edit) our proposed language Kathy Kleiman:yes, agree Mary Wong:The actual Secretariat language on Phil's point is: "As stated earlier, the requirement for UDRP complainants to submit to a “mutual jurisdiction” does not prevent either party from initiating court litigation elsewhere. Similarly, a State’s submission to de novo arbitration should not restrict either party’s recourse to a national court of justice (even though, for a respondent, this option might be rather theoretical if the State successfully asserts immunity from jurisdiction). However, once the respondent has initiated a de novo arbitration procedure and thus concluded the arbitration agreement, the dispute would have to be finally determined by arbitration." George Kirikos:Ontario's consumer protection act, which I've mentioned before, makes those clauses void. George Kirikos:I'm sure similar laws exist elsewhere. George Kirikos:Here's NY state legislation making mandatory arbitration clauses void in some instances http://codes.lp.findlaw.com/nycode/GBS/26/399-c George Kirikos:Phil's hand is up. Kathy Kleiman:tread water - good term! Mary Wong:From time travel to treading water - Phil's on a roll George Kirikos:See you all in two weeks. Have a great day, everyone. Kathy Kleiman:tx for the meeting! Val Sherman:thanks All! Philip Corwin:Bye all

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MP3 IGO WG - Wednesday, 01 April 2015 at 1600 UTC
by Nathalie Peregrine April 1, 2015

April 1, 2015

Dear All, Please find the MP3 recording for IGO-INGO Access to Curative Rights Protection Mechanisms Working Group call on Wednesday, 01 April 2015 at 1600 UTC at: http://audio.icann.org/gnso/gnso-igo-ingo-01apr15-en.mp3 On page: <http://gnso.icann.org/en/group-activities/calendar#mar>http://gnso.icann.org/en/group-activities/calendar#a<http://gnso.icann.org/en/group-activities/calendar#apr>pr<http://gnso.icann.org/en/group-activities/calendar#apr> 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 Val Sherman - IPC Jay Chapman - Individual Kathy Kleiman - NCUC David Maher - RySG Mason Cole - RySG Jim Bikoff - IPC Jay Chapman - Individual Paul Tattersfield - Individual Apologies: none ICANN staff: Mary Wong Amy Bivins Steve Chan Yolande Jimenez 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 ------------------------------- Adobe Connect chat transcript for Wednesday, 01 April 2015: Nathalie Peregrine:Dear all, welcome to the IGO-INGO Curative Rights Protection PDP WG Meeting on the 01 April 2015 George Kirikos:Hi everyone. Nathalie Peregrine:Hello George! George Kirikos:Hi Nathalie. How art thou? Petter Rindforth:Hi there! George Kirikos:Hey Petter. How are you doing? Petter Rindforth:The spring is slowly coming to Sweden, so I'm happy :-) George Kirikos:Great. :-) George Kirikos:My bank is a joke....30 mins on hold, grrrr. Val Sherman:Hi All! George Kirikos:Hi Val. Philip Corwin:Hello all George Kirikos:lol Petter! George Kirikos:Welcome, Phil. Philip Corwin:With ICANN, any given day can be a Fool's Day ;-) Mary Wong:Sorry - didn't realize we were going through the letter Mary Wong:This is the final version based on everyone's comments, which Phil and Petter will be sending to the IGO small group; they are reviewing it one last time prior to sending Nathalie Peregrine:Kathy Kleiman has joined the call Mary Wong:Thanks for the very helpful suggestions, George! George Kirikos:Here's the video with ICANN President Fadi Chehade:https://www.youtube.com/watch?v=yGwbYljtNyI Mason Cole:That's good to know, thanks Steve. George Kirikos:Will the GAC perhaps wait until after the next ICANN meeting (face-to-face) before responding? George Kirikos:(next meeting is end of June) Steve Chan:@George, I'm under the impression that it should definitely be prior to the next meeting George Kirikos:Thanks, Steve. Nathalie Peregrine:Lori Schulman joined the call lori Schulman:sorry I am late. tough month but I am back Mary Wong:Welcome back, Lori, and congrats on the new position again! George Kirikos:Welcome, Lori. lori Schulman:thank you. George Kirikos:New position? George Kirikos:Might need to update Statement of Interest? George Kirikos:https://community.icann.org/display/gnsosoi/Lori+S.+Schulman+SOI lori Schulman:yes, I am now Senior Director for Internet policy for INTA George Kirikos:Congratulations. lori Schulman:I need to change my SOI. I haven't done that yet. lots to do. lori Schulman:I will do it after our meeting. DAvid Maher (GNSO - RySG):@ Lori CONGRATS! Philip Corwin:Congrats Lori. As a member of INTA's Internet Committee I look forward to working with you in that context. George Kirikos:#4 mentions 6ter lori Schulman:Thank you David. I appreciate that knowing you are a recovering TM lawyer. Kathy Kleiman:makes sense - tx for the discussion! lori Schulman:thank you Phil. I am very excited. George Kirikos:Didn't we send a letter to the GNSO Council saying that INGOs were off the table? George Kirikos:Thanks, Phil. Mary Wong:Note also that the Council may well amend (expand/limit/edit) our proposed language Kathy Kleiman:yes, agree Mary Wong:The actual Secretariat language on Phil's point is: "As stated earlier, the requirement for UDRP complainants to submit to a "mutual jurisdiction" does not prevent either party from initiating court litigation elsewhere. Similarly, a State's submission to de novo arbitration should not restrict either party's recourse to a national court of justice (even though, for a respondent, this option might be rather theoretical if the State successfully asserts immunity from jurisdiction). However, once the respondent has initiated a de novo arbitration procedure and thus concluded the arbitration agreement, the dispute would have to be finally determined by arbitration." George Kirikos:Ontario's consumer protection act, which I've mentioned before, makes those clauses void. George Kirikos:I'm sure similar laws exist elsewhere. George Kirikos:Here's NY state legislation making mandatory arbitration clauses void in some instances http://codes.lp.findlaw.com/nycode/GBS/26/399-c George Kirikos:Phil's hand is up. Kathy Kleiman:tread water - good term! Mary Wong:From time travel to treading water - Phil's on a roll George Kirikos:See you all in two weeks. Have a great day, everyone. Kathy Kleiman:tx for the meeting! Val Sherman:thanks All! Philip Corwin:Bye all

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Agenda and documents for WG call on 1 April
by Mary Wong March 30, 2015

March 30, 2015

Dear WG members, The proposed agenda for our next meeting on Wednesday 1 April 2015 is as follows: 1. Roll call/updates to SOI 2. Update on engagement with the GAC and IGOs (Mason Cole; WG co-chairs) 3. Update on proposed amendment to WG Charter by GNSO Council (Phil Corwin to lead; see attached draft motion to the Council) 4. Discuss considerations/issues relating to a possible de novo appeal mechanism for IGOs (Petter Rindforth to lead; see attached Briefing Note) 5. Next steps/next meeting For agenda item #4, the attached Briefing Note summarizes a framework that was developed by the WIPO Secretariat in 2003, at the request of WIPO¹s Standing Committee for Trademarks, Industrial Designs and Geographical Indications (SCT) to deal with similar sovereign immunity issues in relation to protection of country names. As part of our WG's continuing efforts to develop a deeper understanding of the issues surrounding sovereign immunity, the WG co-chairs thought it would be timely and useful to have an open discussion of some of the potential elements, limitations and scope of, and other questions concerning, a non-judicially-based appeals mechanism for disputes in the IGO context. Please note that this document and discussion is not intended to narrow the WG¹s deliberations and options in relation to sovereign immunity or any other issue, it is intended merely to be a starting point for the WG to discuss the possible merits (if any) of alternative appeal mechanisms. Finally, attached also is the full SCT paper on which our Briefing Note was based. This will also be uploaded to the WG¹s wiki space as part of our Background Documents for your reference. 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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