Thanks for the proposal, Val. Since staff will be circulating a proposed final draft of the Disclosure Framework and Annex for everyone¹s review by Thursday, we¹d appreciate it if WG members could weigh in on Val¹s suggested language before then! Thanks and 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: <Sherman>, Valeriya <vsherman@sgrlaw.com> Date: Tuesday, April 14, 2015 at 16:12 To: "gnso-ppsai-pdp-wg@icann.org" <gnso-ppsai-pdp-wg@icann.org> Subject: [Gnso-ppsai-pdp-wg] PPSAI - suggestions for III.B, C, and E

PPSAI Team:

Given that we are getting ready to publish the initial report, we¹d like to propose the following, hopefully non-contentious suggestions to III.B, C, and E.

We look forward to your thoughts.

B. Š

(1) Š

(2) state to Requestor in writing or by electronic communication its the specific reasons for refusing to disclose.

(3) Š

C. Disclosure can be reasonably refused, for reasons consistent with the general policy stated herein, including, but not limited to any of the following:

(1) Š

(2) the Customer has objectsed to the disclosure and has providesd [adequate sufficient] reasons against disclosure, including without limitation a reasonable defense for its use of the trademark or copyrighted content in question for believing (i) that it is not infringing the Requestor¹s claimed intellectual property rights, and/or (ii) that its use of the claimed intellectual property is defensible;

(Note: This language tracks the Requestor¹s standards warranting disclosure, and is the opposite side of the same coin.)

(3) the Provider has found provides [adequate sufficient] reasons against disclosure for believing (i) that the Customer is not infringing the Requestor¹s claimed intellectual property rights, and/or (ii) that the Customer¹s use of the claimed intellectual property is defensible;

(4) Š

(5) Š

Š

E. If refusal to disclose is based on objection to disclosure by the Customer, Requestor be informed of the reasons for objection. (Could be consolidated with III B (2)).

Valeriya Sherman <http://www.sgrlaw.com/attorneys/profiles/sherman-valeriya/> | Attorney at Law

202-973-2611 phone 202-263-4326 fax www.sgrlaw.com <http://www.sgrlaw.com> vsherman@sgrlaw.com <mailto:vsherman@sgrlaw.com>

1055 Thomas Jefferson Street, N.W. Suite 400 Washington, D.C. 20007

Ms. Sherman's practice is limited to matters before federal courts and before the United States Patent and Trademark Office. She is not admitted in the District of Columbia.

<http://www.sgrlaw.com> Smith, Gambrell & Russell, LLP

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