Dear All,
Please find the attendance and MP3 recording along with the AC recording and chat below for the IGO-INGO Curative Rights Protection PDP WG Meeting held on Thursday, 20 April 2017 at 16:00 UTC.
Mp3: http://audio.icann.org/gnso/gnso-igo-ingo-crp-pdp-20apr17-en.mp3
AC Recording: https://participate.icann.org/p7itd16kw48/
The recordings and transcriptions of the calls are posted on the GNSO Master Calendar page:
http://gnso.icann.org/en/group-activities/calendar
Attendees:
David Maher – RySG
George Kirikos – Individual
Jay Chapman – Individual
Paul Tattersfield – Individual
Petter Rindforth – IPC (co-chair)
Poncelet Ileleji – NPOC
Kathy Kleiman – NCUC
Apologies:
Osvaldo Novoa - ISPCP
Phil Corwin – BC (co-chair)
Mason Cole – RySG
Mary Wong - staff
ICANN staff:
Evin Erdogdu
Steve Chan
Dennis Chang
Berry Cobb
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/
Wiki Agenda page: https://community.icann.org/x/YtLRAw
Thank you.
Kind regards,
Terri
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Adobe Connect chat transcript for Thursday, 20 April 2017
Terri Agnew:Welcome to the IGO-INGO Access to Curative Rights Protection Mechanisms Working Group call on Thursday, 20 April 2017 at 16:00 UTC for 90 minutes
Terri Agnew:agenda wiki page: https://urldefense.proofpoint.com/v2/url?u=https-3A__community.icann.org_x_YtLRAw&d=DwIFaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=DRa2dXAvSFpCIgmkXhFzL7ar9Qfqa0AIgn-H4xR2EBk&m=whryeAu2VDAw0A4qCveouUAPvrII88s2GQ5mvOo2PWA&s=RKqZqSVWHSBjwaI_Smesu6-wRdOjBbEFfNj3blhDXE8&e=
Evin Erdogdu:Hello all!
George Kirikos:Hi folks.
Paul Tattersfield:Hi everyeone
George Kirikos:Welcome, Paul.
Paul Tattersfield:Thanks George, did you follow the football you were very unlucky in the fast few minutes
George Kirikos:Which football game?
Paul Tattersfield:Greece vs Belgium
George Kirikos:I wasn't watching. TV overload these days!
Terri Agnew:Welcome Jay Chapman
George Kirikos:Links to each comment is at: http://mm.icann.org/pipermail/gnso-igo-ingo-crp/2017-April/000703.html
Jay Chapman:Thanks, Terri
Terri Agnew:Welcome Poncelet Ileleji
Poncelet Ileleji:THanks Terri
George Kirikos:They were explicitly in favour of Option #1 for Recommendation 4, but that wasn't reflected in the spreadsheet.
George Kirikos:(same for Jay's comments)
Jay Chapman:Yes, thanks, George
Jay Chapman:sorry - connectivity issues
George Kirikos:Today? Or International Atomic Energy Agency , World Bank, UNESCO, UPU, and International Finance Corporation first?
George Kirikos:I got bumped too, Jay, from the audio. Had to dial back in.
Terri Agnew:Kathy Kleiman has joined on audio
Terri Agnew:If dial outs are needed on the telephone, let me know
George Kirikos:Most of the remaining comments are pretty short already (under 5 pages, mostly).
George Kirikos:It looks like Rec #1 is not controversial. Even the INGOs didn't bother to comment about it.
George Kirikos:So, should we go through those 5 IGO comments today, before the Review Tool?
George Kirikos:I was opposed to rec #5 too.
Steve Chan:@Petter, these have not been reviewed yet as far as staff understands
George Kirikos:Just looking for "new" arguments.
George Kirikos:The GoDaddy example appears to be "new". Although, that's distinguishable, because GoDaddy's registrants actually have a contractual relationship with GoDaddy (unlike registrants and IGOs, who have no relationship).
George Kirikos:Also, other registrars don't require arbitration.
George Kirikos:Did we lose Petter?
Petter Rindforth:I'm calling in
Terri Agnew:great ,thanks Petter
George Kirikos:Welcome back, Petter.
George Kirikos:We have to be careful with the next comments. The International Atomic Energy Agency has nukes! :-)
George Kirikos:IAEA immunity actually seems to be functional, according to their website, see: https://urldefense.proofpoint.com/v2/url?u=https-3A__www.iaea.org_about_statute-23a1-2D15&d=DwIFaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=DRa2dXAvSFpCIgmkXhFzL7ar9Qfqa0AIgn-H4xR2EBk&m=whryeAu2VDAw0A4qCveouUAPvrII88s2GQ5mvOo2PWA&s=z_tULda8135_L_cdg0-sB0oiSxaLOGqGM1APqp7-wc0&e=
George Kirikos:"A. The Agency shall enjoy in the territory of each member such legal capacity and such privileges and immunities as are necessary for the exercise of its functions."
Paul Tattersfield:its not even defending their own assets it is looking to seize others assets for whatever reason
George Kirikos:There's an academic article that notes they can waive their immunity, too, see: https://urldefense.proofpoint.com/v2/url?u=http-3A__ir.lawnet.fordham.edu_cgi_viewcontent.cgi-3Farticle-3D2017-26context-3Dflr&d=DwIFaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=DRa2dXAvSFpCIgmkXhFzL7ar9Qfqa0AIgn-H4xR2EBk&m=whryeAu2VDAw0A4qCveouUAPvrII88s2GQ5mvOo2PWA&s=ZlkQsncPw-Vn3nqub9Gb6kNBC9-y8fQjiQeiVbqTlWw&e=
George Kirikos:Do we know the exact list of members of the IGO small group? (i.e. did each of them submit a comment to us?)
George Kirikos:World Bank is interesting, since they've actually won UDRPs.
Paul Tattersfield:Surely they only need to register in 1 country to use UDRP
George Kirikos:@Paul: Indeed.
George Kirikos:I didn't understand that comment by them.
Paul Tattersfield:actually they don't even need to register in one country because UDRP doesn't require the registration of a mark for standing
George Kirikos:Yes, common law. And Article 6ter is a complement/supplement, to show those common law rights to their usual names.
George Kirikos:+1 Petter
Paul Tattersfield:+1 Petter
George Kirikos:UNESCO
George Kirikos:10.b is interesting, since they claim that the mutual jurisdiction won't affect them. :-)
Poncelet Ileleji:+1 Peter
Paul Tattersfield:On immunity the United Nations Convention on Jurisdictional Immunities of States and Their Property (2004) may be worth further study (I don’t remember the working group looking at it previously}
Paul Tattersfield:Article 14 for example places considerable restrictions on foreign states seeking to invoke immunity in disputes on intellectual property
George Kirikos:https://treaties.un.org/doc/source/RecentTexts/English_3_13.pdf
George Kirikos:We might be able to get to the International Finance Corporation today (8 minutes left), since the UPU comment is so short.
George Kirikos:IFC comment is just one-and-a-half pages.
George Kirikos:That's a puzzling comment -- they claim that a domain owner would try to LOSE the UDRP, in order to arrive at court? Very odd.
George Kirikos:Oh, I understand it now --- they're saying that a complainant would make the IGO a respondent in the UDRP, in order to get to court. That's something that could take place now.
George Kirikos:(but hasnt happened, in 10+ years)
George Kirikos:Actually, 18+ years.
Steve Chan:Time chec...
Steve Chan:*check*
Terri Agnew:IGO-INGO Access to Curative Rights Protection Mechanisms Working Group call will take place on Thursday, 27 April 2017 at 16:00 UTC for 90 minutes
George Kirikos:Bye folks! Have a great day!
Jay Chapman:thanks, all
Paul Tattersfield:Thanks Petter, everyone. Bye All
Poncelet Ileleji:bye all