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[council] FW: [gnso-sti] FW: Re: Clearinghouse statement
- To: <council@xxxxxxxxxxxxxx>
- Subject: [council] FW: [gnso-sti] FW: Re: Clearinghouse statement
- From: "Rosette, Kristina" <krosette@xxxxxxx>
- Date: Thu, 3 Dec 2009 10:01:06 -0500
- List-id: council@xxxxxxxxxxxxxx
- Sender: owner-council@xxxxxxxxxxxxxx
- Thread-index: Acp0H0bv9cVo0bfcSI+AriO1DSi0MgACN13wAAA/06A=
- Thread-topic: [gnso-sti] FW: Re: Clearinghouse statement
All,
With apologies for duplication to those who are subscribe to or read the
STI list, I am forwarding a message posted on behalf of IPC leadership
and the IPC STI representatives.
Given the importance of this issue and the potential ramifications, I
wanted to make certain you are all aware of it.
K
________________________________
From: owner-gnso-sti@xxxxxxxxx [mailto:owner-gnso-sti@xxxxxxxxx] On
Behalf Of Margie Milam
Sent: Thursday, December 03, 2009 9:57 AM
To: 'GNSO STI'
Subject: [gnso-sti] FW: Re: Clearinghouse statement
Dear All,
Please find the attached statement from the IPC.
Best Regards,
Margie
From: Mark V. B. Partridge [mailto:mvbp@xxxxxxxxxxxxxx]
Sent: Thursday, December 03, 2009 6:48 AM
To: Margie Milam
Cc: mcgradyp@xxxxxxxxx
Subject: Fwd: Re: Clearinghouse statement
Margie,
I'm not sure if this went to entire STI list. Would you please see that
it does. Thanks.
Mark
Mark V.B. Partridge
Pattishall, McAuliffe, Newbury, Hilliard & Geraldson LLP
311 S. Wacker Drive - Suite 5000 - Chicago, IL 60606
T (312) 554-8000 Direct (312) 554-7922 F (312) 554-8015
mpartridge@xxxxxxxxxxxxxx <mailto:mpartridge@xxxxxxxxxxxxxx>
www.pattishall.com <http://www.pattishall.com/>
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--- Begin Message ---
- To: "GNSO STI" <gnso-sti@xxxxxxxxx>, "Margie Milam" <Margie.Milam@xxxxxxxxx>
- Subject: Re: Clearinghouse statement
- From: "Mark V. B. Partridge" <mvbp@xxxxxxxxxxxxxx>
- Date: Wed, 2 Dec 2009 22:18:35 -0500
- In-reply-to: <24C21F9A3196E645A13FF8204E5BD913093F580E@CHI-EXCH03.gtlaw.com>
- References: <24C21F9A3196E645A13FF8204E5BD913093F580E@CHI-EXCH03.gtlaw.com>
- Thread-index: Acp0H0byY6mzrVCsTO2DpWcwoh2JGg==
- Thread-topic: Clearinghouse statement
Dear Members of the STI:
Your attention is invited to the following statement on behalf of the IPC
leadership and STI representatives for consideration in connection with our
telephone conference on the Clearinghouse on December 3, 2009.
Cordially,
Mark Partridge
>>>>>>>>>>
The STI is currently considering a proposal advocated by the NCSG
representatives to the STI that would limit the trademark registration data
included in the Clearinghouse to trademark registrations from countries that
undertake substantive review.
This proposal is contrary to the recommendations of the IRT, and the IPC is
strongly opposed to limiting the Clearinghouse in that manner. A large number
of developing and developed countries, including most of Europe, do not engage
in substantive review on relative grounds. It is a serious problem and unwise
for ICANN to treat such systems in the Clearinghouse as being inferior or to
disinfranchise registrants from these countries from participation in the
Clearinghouse. This would particularly prejudice small businesses and
not-for-profits who may only budget for a limited number of registrations in
their country of origin, rather than a global registration program.
Instead, the Clearinghouse, at a minimum, should include registrations of
national or multinational effect, as recommended by the IRT. The proper
solution for concerns about the scope and validity of registrations is to
record all registrations of national or multi-national effect, and to deal with
questions of scope and validity through notice, disclosure, challenge
procedures and filing deadlines.
Reliance on the IRT report with respect to the URS standards is misplaced, as
the URS is part of an overall dispute resolution system that accepts all types
of trademark rights and merely limits the rights at issue in the URS where
prior substantive review of registrations facilitates expedited proceedings.
--- End Message ---
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