[council] Motion for the Reponse to ICANN Board letter to GNSO Council

[Adrian Kinderis <adrian@xxxxxxxxxxxxxxxxxx>]

All,

During yesterdays discussions it was determined that a Review Team should be 
developed to review the issues and positions of members within the GNSO with 
regard to the ICANN Board letter to the GNSO in order to formulate the 
appropriate response to that letter.

Please see the suggested motion below. We would propose to vote on this motion 
on Wednesday's GNSO Council meeting. Whilst we understand that this does not 
allow for the usual seven days we would ask that, on this occasion, because of 
the tight timelines, that all Stakeholder Groups act quickly to discuss this 
motion (potentially utilising time during Stakeholder Group day on Tuesday).

Glen - could you please forward this to each Stakeholder Group chair in order 
to promote this motion as efficiently as possible? Thanks!

Thanks.

Adrian

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WHEREAS, the ICANN Board has requested that the GNSO evaluate certain ICANN 
staff implementation proposals for the protection of trademarks in new gTLDs 
based in part on the recommendations from the IRT, public comments, and 
additional analysis undertaken by ICANN Staff, as described in the letter dated 
12 October 2009 <<Letter from Rod Beckstrom & Peter Dengate Thrush to GNSO 
Council<http://gnso.icann.org/correspondence/beckstrom-to-gnso-council-12oct09-en.pdf>>>.

WHEREAS, the ICANN Board letter requests the GNSO's view by December 14, 2009 
on whether certain rights protection mechanisms for second level strings 
recommended by ICANN Staff based on public input are consistent with the GNSO's 
proposed policy on the introduction of new gTLDs, and are the appropriate and 
effective options for achieving the GNSO's stated principles and objectives;

WHEREAS, the GNSO has reviewed the ICANN Board letter and desires to approve 
the procedures for conducting such evaluation;

NOW THEREFORE BE IT RESOLVED that the GNSO adopts the following process to 
conduct the evaluation requested by the Board:

1.                   A GNSO Review Team will be comprised of representatives 
designated as follows:  the Registrar and Registry Stakeholder Groups with two 
(2) representatives each,  the Commercial Stakeholder Groups and the 
Non-Commercial Stakeholder Groups with four (4) representatives each, and 
At-Large with two (2) representatives and one representative from the 
Nominating Committee Appointees(1);

2.                   Each of the Stakeholder Groups will solicit from their 
members their initial position statements on the questions and issues raised by 
the ICANN Board letter and the ICANN Staff proposed models for the 
implementation of the Trademark Clearinghouse and Uniform Rapid Suspension 
model, and will deliver their initial position statements on November 4, and 
with final position statements to be delivered by November 6, 2009;

3.                   Such position statements will be summarized by ICANN Staff 
and distributed to the GNSO Review Team to evaluate whether a consensus can be 
reached on the ICANN Staff implementation models or other proposals for the 
protection of trademarks in the New gTLD Program; and

The GNSO Review Team will conduct its analysis, identify those areas where 
consensus has already been reached, an seek to develop consensus on those 
issues for which consensus could not be determined. The GNSO Review Team will 
provide a final report to the GNSO on or before the GNSO council's meeting in 
late November, 2009.