Dear WG Members, The proposed agenda for the upcoming WG call this Thursday 27 April 2017 at 1600 UTC is as follows; please also note that this call has been scheduled for 90 minutes: 1. Roll call/updates to SOI 2. Review Public Comment Review Tool to determine if any comments still warrant review for additional WG discussion 3. Agree on list of topics identified as requiring additional WG discussion or review (see list below) 4. Begin discussion of topics in agenda item 3 5. Next steps/next meeting For agenda item 2, please find the attached Public Comment Review Tool For agenda items 3 and 4, please find the draft list of the new or additional facts, legal arguments and points for consideration, that staff has identified from the WG’s last few calls: 1. Lack of suitability of Article 6ter as a legal basis for standing (various comments submitted) a. What are the alternatives (GAC list, trademark law, unregistered (i.e. what our American members call “common law”) rights, consumer protection statutes, others)? b. Alternatively, is there a way to scale back our recommendation on 6ter, or to have a recommendation that says you first need 6ter to establish procedural standing and it must be coupled with a substantive legal right of some sort? 2. Opposition to Recommendation #4 a. Three reasons provided by OECD b. World Bank commented on reconsidering feasibility of the assignee option c. Did WG ignore or misinterpret part of the Swaine opinion (OECD, World Bank)? 3. Some support emerging for Option #2 4. Further review of arbitration as an option a. See the New York Convention (OECD) b. Is there a difference between recommending arbitration as the sole option for appealing a UDRP decision vs filing a separate, new proceeding in a national court (which is not an appeal from a UDRP panel)? c. GoDaddy requires arbitration per Article 25 of its Universal Terms of Service (However, there is a relationship between registrar and registrant and unclear how widespread this practice is) 5. Further discussion of a separate DRP (GAC, WIPO, IPC) a. See specific recommendations from IPC comment b. Note that WG had tabled discussion of 2007 draft procedure from ICANN staff until after completion of initial review of all comments 6. Function and scope of a Policy Guidance document a. Cannot be used for cases where a recommendation amounts to a substantive change of the UDRP (e.g. if Recommendation 4 Option #1 is adopted) b. Note question on Recommendation 3 by World Bank Best, Steve Steven Chan
 Sr. Policy Manager

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