Thank you Mary.
After being on hold for about a year, it’s good to finally have this so the WG can move forward and complete its task expeditiously.
Best, Philip
Philip S. Corwin, Founding Principal
Virtualaw LLC
1155 F Street, NW
Suite 1050
Washington, DC 20004
202-559-8597/Direct
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202-255-6172/Cell
Twitter: @VlawDC
"Luck is the residue of design" -- Branch Rickey
From: gnso-igo-ingo-crp-bounces@icann.org [mailto:gnso-igo-ingo-crp-bounces@icann.org]
On Behalf Of Mary Wong
Sent: Monday, June 20, 2016 10:27 AM
To: gnso-igo-ingo-crp@icann.org
Subject: [Gnso-igo-ingo-crp] Updated memo from Professor Swaine
Dear WG members,
Please find attached the updated legal memo from Professor Swaine. The basic structure remains the same; in particular, the detailed treatment of the differences between absolute, restrictive and functional
immunity. In a number of area, Professor Swaine has attempted to clarify statements and explanations that may have been confusing in the earlier version. In particular, WG members may be interested in his concise summary of the topic on pages 2-3 of the memo;
the addition of more information in the footnotes concerning case law and the US government’s position as to obligations under Article 6ter of the Paris Convention, and the more detailed discussion of the questions on waiver and possible changes to the Mutual
Jurisdiction requirement at the end of the memo. Professor Swaine also notes in the memo the difference between a state’s sovereign immunity and an IGO’s immunity, and the potential problems an IGO may have enforcing foreign marks even under the current trademark-oriented
UDRP.
Staff will work with Petter and Phil on an agenda for the upcoming WG meeting at ICANN56 in Helsinki, which we will circulate as soon as practicable. As the Helsinki session is an open meeting, it is possible
that we will be joined by interested community members outside this WG. Please note that the Helsinki session is currently scheduled for
Tuesday 28 June, from 13:30-15:00 local time. We will send out remote participation details as soon as they are available so that members who will not be present in Helsinki can nevertheless join the meeting.
Thanks and cheers
Mary
Mary Wong
Senior Policy Director
Internet Corporation for Assigned Names and Numbers (ICANN)
Email:
mary.wong@icann.org
Telephone: +1-603-5744889
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