Dear all, As referenced by Kathy during the Working Group call held a short while ago, please find below the complete email from Working Group Member Paul Keating where he comments on the three questions that make up Category 1 (Education) of our TMCH review. Paul has confirmed that he had intended to share these comments with the full group. Cheers Mary From: Paul Keating <Paul@law.es> Date: Wednesday, January 18, 2017 at 11:31 Below I have attempted to provide some responses to the questions for the group’s consideration: For Agenda Item #2, the agreed Charter questions are: 1. Is the TMCH clearly communicating: (i) the criteria it applies when determining whether or not to accept marks for entry into the TMCH; (ii) options for rights-holders when their submissions are rejected; and (iii) options for third parties who may have challenges to or questions about recordals in the TMCH? PRK: I have no comment on (I) and (ii). However, as to (iii), there should be a method for challenging the registration given the brand spectrum of the use and power of the registration – not only to secure exclusivity as to domain name registrations but to potentially chill the registration of domain names in cases in which such registrations ado exist. 2. Should the TMCH be responsible for educating rights-holders, domain name registrants and potential registrants about the services it provides? If so, how? If the TMCH is not to be responsible, who should be? PRK: Yes. IMHO the TMCH has been less than stellar at education and relies too heavily upon registries/registrars and other third parties to do so. T His is not surprising given the background of its founders who launched .EU and .BE. In ADDITION (not in place of) the TMCH effort, ICANN should ensure that adequate information is published and that launches are accompanied with adequate information of not only the impact of the TMCH registrations but include information on how to challenge such registrations. 3. What information on the following aspects of the operation of the TMCH is available and where can it be found? (a) TMCH services; (b) Contractual relationships between the TMCH providers and private parties; PRK: There is little direct information to be found IMHO. This leads to a lack of actual or perceived transparency which should be disfavored. and (c) With whom does the TMCH share data and for what purposes? PRK: I would very much like to know the answer to this question. I would also like to know if access to the TMCH database by any third party is limited in any manner by contract. Once we have this information then we can consider an appropriate review and come forth with any relevant suggestions. Thank you, Paul Keating From: <gnso-rpm-wg-bounces@icann.org<mailto:gnso-rpm-wg-bounces@icann.org>> on behalf of Mary Wong <mary.wong@icann.org<mailto:mary.wong@icann.org>> Date: Wednesday, January 18, 2017 at 7:49 AM To: "gnso-rpm-wg@icann.org<mailto:gnso-rpm-wg@icann.org>" <gnso-rpm-wg@icann.org<mailto:gnso-rpm-wg@icann.org>> Subject: [gnso-rpm-wg] Proposed agenda and materials for RPM Working Group call on 18 January 2017 Dear all, The proposed agenda for the next Working Group Members’ call on 18 January 2017 is as follows: 1. Roll call (via Adobe Connect and phone bridge only); updates to Statements of Interest 2. Overview and discussion of TMCH Charter questions, Category 1: Education (see further below) 3. [if time permits] Continue review of registry operator responses to data gathering request 4. Next steps/next meeting For Agenda Item #2, the agreed Charter questions are: 1. Is the TMCH clearly communicating: (i) the criteria it applies when determining whether or not to accept marks for entry into the TMCH; (ii) options for rights-holders when their submissions are rejected; and (iii) options for third parties who may have challenges to or questions about recordals in the TMCH? 2. Should the TMCH be responsible for educating rights-holders, domain name registrants and potential registrants about the services it provides? If so, how? If the TMCH is not to be responsible, who should be? 3. What information on the following aspects of the operation of the TMCH is available and where can it be found? (a) TMCH services; (b) Contractual relationships between the TMCH providers and private parties; and (c) With whom does the TMCH share data and for what purposes? Additional Notes on Agenda Item #2: ? You can find the full list of final TMCH Charter questions and their categories here: https://community.icann.org/x/2CWAAw[community.icann.org]<https://urldefense.proofpoint.com/v2/url?u=https-3A__community.icann.org_x_2CWAAw&d=DwMFAw&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=DJ69mAe-idEhpAMF1nu2x6c2w3xl7xb5cjS_7sB4h6Y&m=cuiQxLs6NRXLkXEBLNqJdG1oDgw4BFyGb1tUAIVCrZ4&s=nqe6JvSuBXVvlX5DVpEurtdslrkK-U0OUEnlGz5BBJQ&e=>. ? Staff has also compiled a wiki page containing background information, operational requirements and other relevant materials on the TMCH: https://community.icann.org/x/0AusAw[community.icann.org]<https://urldefense.proofpoint.com/v2/url?u=https-3A__community.icann.org_x_0AusAw&d=DwMFAw&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=DJ69mAe-idEhpAMF1nu2x6c2w3xl7xb5cjS_7sB4h6Y&m=cuiQxLs6NRXLkXEBLNqJdG1oDgw4BFyGb1tUAIVCrZ4&s=0EYD2qhfAR6soMW4y8UEhLPecJigDeW4iFjPPKhZuOc&e=>. For Agenda Item #3, please refer to the compilation of responses received so far from 3 registry operators (attached for recirculation; a copy can also be downloaded from https://community.icann.org/download/attachments/61606228/Registry%20Responses%20to%20TMCH%20Data%20Sub%20Team%20-%2013%20Dec.pdf?version=1&modificationDate=1484721921011&api=v2)[community.icann.org]<https://urldefense.proofpoint.com/v2/url?u=https-3A__community.icann.org_download_attachments_61606228_Registry-2520Responses-2520to-2520TMCH-2520Data-2520Sub-2520Team-2520-2D-252013-2520Dec.pdf-3Fversion-3D1-26modificationDate-3D1484721921011-26api-3Dv2-29&d=DwMFAw&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=DJ69mAe-idEhpAMF1nu2x6c2w3xl7xb5cjS_7sB4h6Y&m=cuiQxLs6NRXLkXEBLNqJdG1oDgw4BFyGb1tUAIVCrZ4&s=qYvDn5k_YGy1MrFx9cCmksMlfmTj6VHEpbpnn-hW8kE&e=>. Please note that the co-chairs and staff are working on getting the same questions out in a survey format, to see if additional responses may be forthcoming from other registry operators. Thanks and cheers Mary _______________________________________________ gnso-rpm-wg mailing list gnso-rpm-wg@icann.org<mailto:gnso-rpm-wg@icann.org> https://mm.icann.org/mailman/listinfo/gnso-rpm-wg