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.

You’ll 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 Council’s 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 haven’t 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 Mason’s 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/Direct

202-559-8750/Fax

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 GAC’s 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 GAC’s 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/Direct

202-559-8750/Fax

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>_______________________________________________
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Gnso-igo-ingo-crp@icann.org
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Mason Cole 

VP Communications & Industry Relations

Donuts Inc.

………………………………

……

……

 

 


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