[council] Qualified Launch Program for New gTLD Registries

[Glen de Saint Géry <Glen@xxxxxxxxx>]

https://www.icann.org/en/news/public-comment/qlp-addendum-13feb14-en.htm
Qualified Launch Program for New gTLD Registries
Comment / Reply Periods (*)
Comment Open Date: 13 February 2014
Comment Close Date: 28 February 2014 - 23:59 UTC
Reply Open Date: 1 March 2014
Reply Close Date: 15 March 2014 - 23:59 UTC
Important Information Links
Public Comment 
Announcement<https://www.icann.org/en/news/announcements/announcement-13feb14-en.htm>
To Submit Your Comments (Forum)<mailto:comments-qlp-addendum-13feb14@xxxxxxxxx>
View Comments 
Submitted<http://forum.icann.org/lists/comments-qlp-addendum-13feb14/>
Brief Overview
Originating Organization:
ICANN
Categories/Tags:

 *   Contracted Party Agreements
 *   Intellectual Property
 *   Top-Level Domains
Purpose (Brief):

As contemplated by the Trademark Clearinghouse Rights Protection Mechanism 
Requirements, a Qualified Launch Program may be developed. A draft of the 
Qualified Launch Program 
Addendum<http://newgtlds.icann.org/en/about/trademark-clearinghouse/rpm-requirements-qlp-addendum-13feb14-en.pdf>
 [PDF, 84 KB] (the "QLP Addendum") is being posted for comment to give the 
community an opportunity to review and provide feedback.
Current Status:

The draft QLP Addendum reflects ICANN's review and analysis regarding the 
feasibility of and implementation mechanics for a Qualified Launch Program as 
well as its potential impact on intellectual property rights. The Addendum is 
being posted to allow stakeholders to review and comment on the QLP Addendum.

The public comment period is on an accelerated timeline to enable follow-up 
consideration so that if the QLP is adopted, as many new TLD operators as 
possible can take advantage of it.
Next Steps:

Public comment will be analyzed and taken into account by ICANN. If approved by 
ICANN following this process, the QLP Addendum will be automatically 
incorporated into the TMCH Requirements without any further action of ICANN or 
any Registry Operator. All Registry Operators will thereafter be permitted to 
have a Qualified Launch Program in accordance with the terms of the approved 
QLP Addendum, and will not need to seek ICANN's approval to implement the 
Qualified Launch Program.
Staff Contact:
Karen Lentz
Email Staff 
Contact<mailto:karen.lentz@xxxxxxxxx?subject=More%20information%20on%20the%20Qualified%20Launch%20Program%20for%20New%20gTLD%20Registries%20public%20comment%20period>
Detailed Information
Section I: Description, Explanation, and Purpose:

Section 3.2 of Specification 5 of the gTLD Registry Agreement allows a Registry 
Operator to register up to 100 domain names to itself. Section 4.5.1 of the 
Trademark Clearinghouse Rights Protection Mechanism Requirements (the "TMCH 
Requirements") contemplated the possibility, subject to ICANN's further review 
and analysis, that Registry Operators could offer a "Qualified Launch Program" 
in which they could register these domain names to third parties for the 
purposes of promoting their TLDs.

The Qualified Launch Program is intended to provide a mechanism for Registry 
Operators to register a limited number of names to third parties to promote 
their TLDs prior to the Sunrise period, while maintaining safeguards against 
intellectual property infringement. The draft is being published for comment to 
gather additional input from interested stakeholders.
Section II: Background:

Having conducted a review and analysis regarding the feasibility of and 
implementation mechanics for a Qualified Launch Program as well as its 
potential impact on intellectual property rights, ICANN has developed the 
attached QLP Addendum.

If approved, the QLP Addendum will allow a Registry Operator to register some 
or all of the 100 domain names referenced in Section 3.2 of Specification 5 to 
third parties prior to the Sunrise Period for the TLD under certain conditions. 
Under the proposed QLP Addendum, if a domain name under a Qualified Launch 
Program does not match a label registered in the Trademark Clearinghouse 
(TMCH), the domain name may be registered in a Qualified Launch Program to any 
third party. On the other hand, if the domain name does match a label in the 
TMCH, the domain name may only be registered to a Sunrise-Eligible Rights 
Holder (as defined in the TMCH Requirements) in the Qualified Launch Program. 
In the case of geographic TLDs, names may also be registered to public 
authorities under the Qualified Launch Program, subject to certain 
requirements. Each domain name registered in a Qualified Launch Program will 
reduce the number of domain names available to a Registry Operator under 
Section 3.2 of Specification 5.
Section III: Document and Resource Links:

 *   TMCH 
Requirements<http://newgtlds.icann.org/en/about/trademark-clearinghouse/rpm-requirements-30sep13-en.pdf>
 [PDF, 167 KB]
 *   Registry 
Agreement<http://newgtlds.icann.org/en/applicants/agb/agreement-approved-02jul13-en.pdf>
 [PDF, 2.15 MB]
Section IV: Additional Information:

N/A

________________________________

(*) Comments submitted after the posted Close Date/Time are not guaranteed to 
be considered in any final summary, analysis, reporting, or decision-making 
that takes place once this period lapses.


Glen de Saint Géry
GNSO Secretariat
gnso.secretariat@xxxxxxxxxxxxxx
http://gnso.icann.org