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Re: [council] FW: [gnso-sti] FW: Re: Clearinghouse statement


Thanks for doing so.

Stéphane

Le 3 déc. 2009 à 16:34, Rosette, Kristina a écrit :

> It's my understanding that there is a decent chance.  
>  
> I raised it for information purposes.  I don't have any idea as to when we'll 
> get the report and when we'll be expected to vote. Accordingly, I wanted to 
> highlight the issue as one that merits consideration if it is in the final 
> report.
>  
>  
> 
> From: Stéphane Van Gelder [mailto:stephane.vangelder@xxxxxxxxx] 
> Sent: Thursday, December 03, 2009 10:30 AM
> To: Rosette, Kristina
> Cc: council@xxxxxxxxxxxxxx
> Subject: Re: [council] FW: [gnso-sti] FW: Re: Clearinghouse statement
> 
> Thanks for the heads-up Kristina.
> 
> At this stage, do we know if the STI is actually planning to propose the 
> limitations mentioned in its final report? I'm only asking because I don't 
> really see what action can be taken around any of the STI stuff until we see 
> their final report...
> 
> Thanks,
> 
> Stéphane
> 
> Le 3 déc. 2009 à 16:01, Rosette, Kristina a écrit :
> 
>> 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
>> <ATT00001.bmp>
>> 
>> 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    www.pattishall.com
>> 
>> 
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>> 
>> De : "Mark V. B. Partridge" <mvbp@xxxxxxxxxxxxxx>
>> Date : 3 décembre 2009 04:18:35 HNEC
>> À : "GNSO STI" <gnso-sti@xxxxxxxxx>, "Margie Milam" <Margie.Milam@xxxxxxxxx>
>> Objet : Rép : 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.
>>  
>>  
>>  
>> 
>> 
>> 
> 

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