Hello Phil, Paul and everyone, On the procedural/substantive topic, please note that as part of the scoping exercise for a Policy Development Process (PDP) on a review of the UDRP in 2011, ICANN received a lot of information and community feedback regarding substantive and procedural matters related to the UDRP. The WIPO Arbitration and Mediation Center and the National Arbitration Forum also assisted staff with a webinar to assess these issues, and provided input via a survey of the UDRP providers. Although the GNSO Council eventually decided to NOT proceed with a review of the UDRP at the time, deciding instead to have a further Issue Report done in 2015 in respect of all the current rights protection mechanisms (RPMs), including those developed for the New gTLD Program (such as the URS), the comments and information received continue to be useful. In addition, the GAC also provided a statement at the time recommending a review take place only after some experience has been gleaned from the launch of New gTLDs. You¹ll find the public comments, WIPO, NAF and other provider survey responses, and the GAC and ALAC statements, in Annexes 2, 3, 4 and 5 of the Final Issue Report: http://gnso.icann.org/en/issues/udrp/udrp-final-issue-report-03oct11-en.pdf The GNSO Council¹s decision to postpone the UDRP review and to possibly take up a fuller review of all RPMs can be found here: http://gnso.icann.org/en/council/resolutions#201112 Once again, I hope that this information is helpful. Cheers Mary Mary Wong Senior Policy Director Internet Corporation for Assigned Names & Numbers (ICANN) Telephone: +1 603 574 4892 Email: mary.wong@icann.org From: Phil Corwin <psc@vlaw-dc.com> Date: Wednesday, November 5, 2014 at 5:28 PM To: Paul Tattersfield <gpmgroup@gmail.com> Cc: "gnso-igo-ingo-crp@icann.org" <gnso-igo-ingo-crp@icann.org> Subject: Re: [Gnso-igo-ingo-crp] PLEASE RESPOND ASAP -- Revised Draft of Letter to Council regarding GAC Communique
I guess we could drill down a bit on the substance/procedures matter although my guess is that they haven¹t even thought about it, and were meaning to say that they want a new CRP for IGOs rather than any modified version of the UDRP.
What do others think?
Philip S. Corwin, Founding Principal Virtualaw LLC 1155 F Street, NW Suite 1050 Washington, DC 20004 202-559-8597/Direct 202-559-8750/Fax 202-255-6172/cell
Twitter: @VlawDC
"Luck is the residue of design" -- Branch Rickey
From: Paul Tattersfield [mailto:gpmgroup@gmail.com] Sent: Wednesday, November 05, 2014 5:13 PM To: Phil Corwin Cc: Mason Cole; gnso-igo-ingo-crp@icann.org Subject: Re: [Gnso-igo-ingo-crp] PLEASE RESPOND ASAP -- Revised Draft of Letter to Council regarding GAC Communique
Mason's wording is very good. Do you guys think it would be worth building on Mason¹s wording to try and ascertain if the GAC's proposed prohibition on UDRP changes is for substantive changes only or if they are seeking to prohibit procedural changes too?
Yours sincerely,
Paul
On Wed, Nov 5, 2014 at 9:49 PM, Phil Corwin <psc@vlaw-dc.com> wrote:
Mason:
Given that you have the delicate task of interfacing with the GAC, I think your proposed minor modifications are fine.
Best, Philip
Philip S. Corwin, Founding Principal Virtualaw LLC 1155 F Street, NW Suite 1050 Washington, DC 20004 202-559-8597 <tel:202-559-8597> /Direct 202-559-8750 <tel:202-559-8750> /Fax 202-255-6172 <tel:202-255-6172> /cell
Twitter: @VlawDC
"Luck is the residue of design" -- Branch Rickey
From: Mason Cole [mailto:mason@donuts.co] Sent: Wednesday, November 05, 2014 3:50 PM To: Phil Corwin Cc: gnso-igo-ingo-crp@icann.org Subject: Re: [Gnso-igo-ingo-crp] PLEASE RESPOND ASAP -- Revised Draft of Letter to Council regarding GAC Communique Importance: High
Phil --
In my capacity as liaison, let me suggest an edit or two in the bullet point in question that might give us better luck in getting some useful information from the GAC:
In regard to the issue of potential amendment of the UDRP It would be instructive to know the GAC¹s rationale for opposing any UDRP amendments as a means of providing IGOs with access to curative rights. Further, in opposing such amendments, does the GAC thus advise the GNSO to preclude any possible change to its "Mutual Jurisdiction" provisions to address specific sovereign immunity concerns of IGOs? Finally, if it is the GAC¹s position that an entirely new curative rights mechanism must be created, is it the GAC's understanding that the protections afforded to qualifying IGOs under Article 6ter of the Paris Convention would be the criteria for establishing standing under any dispute resolution procedure that may apply to IGOs?
On Nov 5, 2014, at 11:56 AM, Phil Corwin wrote:
WG members:
Please find attached a revised draft letter to the GNSO Council regarding the LA GAC Communique that reflects our discussion earlier today.
The only changes are to the second bullet point on page 3.
PLEASE LET US KNOW IF THESE CHANGES ARE ACCEPTABLE WITHIN THE NEXT 24 HOURS. WE WANT TO FORARD THIS LETTER TO THE COUNCILL ASAP TO MAXIMIZE THE POSSIBILITY THAT IT WILL BE ADDED TO THE AGENDA FOR ITS MEETING NEXT THURSDAY.
Thanks in advance.
Best, Philip
Philip S. Corwin, Founding Principal Virtualaw LLC 1155 F Street, NW Suite 1050 Washington, DC 20004 202-559-8597 <tel:202-559-8597> /Direct 202-559-8750 <tel:202-559-8750> /Fax 202-255-6172 <tel:202-255-6172> /cell
Twitter: @VlawDC
"Luck is the residue of design" -- Branch Rickey
<ICANN-IGO_INGO_CRWG-Letter to GNSO Council-LA_GAC_Advice-draft#2.docx>___________________________________________ ____ Gnso-igo-ingo-crp mailing list Gnso-igo-ingo-crp@icann.org https://mm.icann.org/mailman/listinfo/gnso-igo-ingo-crp
Mason Cole
VP Communications & Industry Relations
Donuts Inc.
mason@donuts.co
Ofc +1 503 908 7623 <tel:%2B1%20503%20908%207623>
Cell +1 503 407 2555 <tel:%2B1%20503%20407%202555>
No virus found in this message. Checked by AVG - www.avg.com <http://www.avg.com> Version: 2015.0.5315 / Virus Database: 4189/8462 - Release Date: 10/27/14 Internal Virus Database is out of date.
_______________________________________________ Gnso-igo-ingo-crp mailing list Gnso-igo-ingo-crp@icann.org https://mm.icann.org/mailman/listinfo/gnso-igo-ingo-crp
No virus found in this message. Checked by AVG - www.avg.com <http://www.avg.com> Version: 2015.0.5315 / Virus Database: 4189/8462 - Release Date: 10/27/14 Internal Virus Database is out of date.