PDP – IGO-INGO Access to Curative Rights Protection Mechanisms

Last Updated: 25 July 2019

Please note that the documents linked below related to the PDP are provided for informational purposes. Some documents are produced by the GNSO and others are not. To learn about the materials on the Active Project pages, please see this overview.

Summary:

This effort determines whether the curative rights protection mechanisms in place for both pre-2012 and new gTLDs should be amended to permit their use by International Governmental Organizations (IGOs) and International Non-Governmental Organizations (INGOs). This page provides a summary of this WG's efforts.

At the GNSO Council meeting on 20 November 2013, the GNSO Council unanimously adopted all the consensus recommendations made by the GNSO's PDP Working Group on the Protection of International Organization Names in All gTLDs (IGO-INGO WG). One of its recommendations was for the GNSO Council to request an Issue Report, to assist in determining whether a PDP should be initiated in order to explore possible amendments to the UDRP and the URS, to enable access to and use of such curative rights protection mechanisms by protected IGOs and INGOs.

At the time of this issue, IGOs and INGOs had raised concerns about possible difficulties in relying on curative mechanisms, namely, the Uniform Dispute Resolution Policy (UDRP) and Uniform Rapid Suspension procedure (URS).  Such issues related to jurisdiction, immunity and trademark ownerships were considered.

Status:

Council Deliberations Status

Web Presence:

Responsible Staff Member:

  • Mary Wong
  • Steve Chan

Working Group Members & Leadership and GNSO Liaison

For the latest information and status on this project:

GNSO Resolution on the Creation of an Issue Report:

Adopted on: 20 November 2013

Summary: 5. The GNSO Council requests an Issue Report (http://gnso.icann.org/en/drafts/issue-template-request-form-18nov13-en.pdf) on the Working Group's Consensus recommendation 3.5.3, which states: "The [Working Group] recommends that the respective policies are amended so that curative rights of the UDRP and URS can be used by those organizations that are granted protections based on their identified designations." This Issue Report is anticipated as a preceding step toward the possibility of initiating a PDP on this issue, and the Issue Report shall also address how these matters can or cannot be incorporated into the forthcoming review of the UDRP;

Initial Issue Report:

Submitted on: 10 March 2014

Final Issue Report:

Submitted on: 25 May 2014

GNSO Resolution on the Initiation of the PDP:

Adopted on: 5 June 2014

Summary: "The GNSO Council hereby initiates a PDP to evaluate: (i) whether the UDRP and/or URS should be amended (to enable their access and use by IGOs and INGOs whose identifiers had been recommended for protection by the IGO-INGO PDP WG) and if so, in what way; or (ii) whether a separate narrowly-tailored procedure modeled on these curative rights protection measures to apply only to protected IGO and INGO identifiers should be developed."

Working Group Charter:

Adopted on: 25 June 2014

Input from Supporting Organizations/Advisory Committees and GNSO Stakeholder Groups/Constituencies:

Working Group Initial Report:

Submitted on: 20 January 2017

Working Group Proposed Final Report:

N/A

Working Group Final Report:

Submitted on: 09 July 2018

GNSO Adoption of the Final Report:

Adopted on: 18 April 2019

Resolved:

  1. The GNSO Council approves, and recommends that the ICANN Board adopt, Recommendations 1, 2, 3 & 4 of the PDP Final Report. The GNSO Council directs ICANN staff to prepare a Recommendations Report for delivery to the ICANN Board in accordance with the process outlined in the ICANN Bylaws.
  2. The GNSO Council does not approve Recommendation 5 of the PDP Final Report and directs the Review of All Rights Protection Mechanisms in All gTLDs (RPM) PDP to consider, as part of its Phase 2 work, whether an appropriate policy solution can be developed that is generally consistent with Recommendations 1, 2, 3 & 4 of the PDP Final Report and:

    1. accounts for the possibility that an IGO may enjoy jurisdictional immunity in certain circumstances;
    2. does not affect the right and ability of registrants to file judicial proceedings in a court of competent jurisdiction;
    3. preserves registrants' rights to judicial review of an initial UDRP or URS decision; and
    4. recognizes that the existence and scope of IGO jurisdictional immunity in any particular situation is a legal issue to be determined by a court of competent jurisdiction.
  3. The GNSO Council intends to amend the charter for the RPM PDP Working Group to reflect this new instruction accordingly.
  4. The GNSO Council affirms that it will take into account its approval of Recommendations 1, 2, 3 & 4 in considering the recommendations it receives from the RMP PDP Working Group.
  5. The GNSO Council thanks all the members of the IGO-INGO Access to Curative Rights Protection Mechanisms PDP for their hard work in completing this PDP.

GNSO Council Report to the ICANN Board

Submitted on: 16 May 2019

Public Comment Prior to ICANN Board Consideration:

Submitted on: 11 July 2019

Notification by the ICANN Board to the GAC to Request Input on Whether Policy Recommendations Raise Public Policy Issues:

Submitted on: 11 July 2019

Board Paper

Submitted on: TBD

ICANN Board Resolution Text:

Adopted on: dd Month 201Y

Summary: "Resolved …..…"

  • Resolution

Notice of Policy Actions

Adopted on: TBD

Implementation Details:

  • TBD

Additional Information:

  • None