Re: [council] Letter from Fadi Chehade (was FW: TMCH)

[Volker Greimann <vgreimann@xxxxxxxxxxxxxxx>]

Dear Jonathan,

I believe I have already clarified my position on these proposals. This 
position has been further supported by a review  of preceeding policy 
decisions on these matters which have shown that not only are these 
mostly matters of policy but also that the demands proposed by the 
strawman are to a very large degree in direct contradiction to previous 
policy decisions.
It should therefore be our position that we refer back to the earlier 
policy decisions on these issues and reject any changes to these 
positions that have not come through an established policy making 
process. ICANN should not be subjected to more of these suddenly policy 
revisions in closed backroom meetings and rather rely on its established 
processes.
If that means that these proposals will not be ready for prime-time at 
the time of the launch of the new TLDs, so be it. I cannot in my best 
consciousness support caving in to speciality interests to the detriment 
of the community of the whole, of registries, registrars and registrants.
Best,

Volker



> All,
>
> A reminder that this item is on our agenda for discussion next week. 
>  I believe that we need to respond to Fadi in as constructive, 
> well-considered and comprehensive a manner as possible.
> Therefore, please can you personally consider the letter, the issues 
> it raises and ensure that these are discussed with your respective 
> groups so that you are in a position to discuss the Council’s response.
> Any contributions to the list in advance of December 20^th most welcome.
>
> Noting:
>
> “I am seeking policy guidance from the GNSO Council on two items as 
> part of the next steps for the implementation of the TMCH, namely, 
> _the Strawman Proposal and the IPC/BC proposal for limited defensive 
> registrations_”
> And
>
> “… a request from the New GTLD Program Committee’s April resolution 
> where it requested “the GNSO to consider whether additional work on 
> defensive registrations at the second level should be 
> undertaken”(2012.04.10.NG2)”
> Thank-you.
>
> Jonathan
>
> *From:*Fadi Chehade [mailto:fadi.chehade@xxxxxxxxx]
> *Sent:* 04 December 2012 22:47
> *To:* Jonathan Robinson
> *Cc:* Margie Milam; David Olive
> *Subject:* TMCH
>
> Dear Jonathan,
>
> As reported in my recent blog on the Trademark Clearinghouse (see: 
> http://blog.icann.org/2012/11/a-follow-up-to-our-trademark-clearinghouse-meetings/), 
> the recent implementation TMCH related discussions led to the 
> development of a strawman model  to address some of the proposed 
> improvements requested by the BC/IPC.   I am very pleased with the 
> efforts shown by the participants in these discussions, as they 
> reflect a willingness to explore improvements to the TMCH and the 
> rights protection mechanisms available in new GTLDs.
> I am seeking policy guidance from the GNSO Council on two items as 
> part of the next steps for the implementation of the TMCH, namely, the 
> Strawman Proposal and the IPC/BC proposal for limited defensive 
> registrations. Each of these documents are posted for public comment 
> (see:http://www.icann.org/en/news/public-comment/tmch-strawman-30nov12-en.htm) 
> to allow the ICANN community the opportunity to comment on these 
> proposals.  Specifically, policy guidance is sought on the portion 
> that pertains to the expansion of the scope of the trademark claims, 
> although comments on any aspect of the Strawman Model is welcome in 
> the event the Council is interested in broadening its response.  The 
> specific proposal is that:
> /Where there are domain labels that have been found to be the subject 
> of previous abusive registrations (e.g., as a result of a UDRP or 
> court proceeding), a limited number (up to 50) of these may be added 
> to a Clearinghouse record (i.e., these names would be mapped to an 
> existing record for which the trademark has already been verified by 
> the Clearinghouse). Attempts to register these as domain names will 
> generate the Claims notices as well as the notices to the rights holder. /
> //
>
> Not included in the Strawman Model is the IPC/BC proposal for a 
> limited preventative registrations.  In general, there was not support 
> among non-IPC/BC participants for solutions to the issue of second 
> level defensive registrations among the participants in the TMCH 
> meetings. After hearing concerns regarding this issue, members of the 
> IPC/BC provided a description of a preventative mechanism, the 
> “Limited Preventative Registration,” which has also been published for 
> public comment.    As this issue is relevant to a request from the New 
> GTLD Program Committee’s April resolution where it requested “the GNSO 
> to consider whether additional work on defensive registrations at the 
> second level should be undertaken”(2012.04.10.NG2),//I am seeking GNSO 
> Council feedback on this IPC/BC proposal as well.
> It would be ideal if the GNSO Council could take up these issues at 
> its December meeting.
> Finally, addressing some of the criticisms on the process used by 
> Staff in convening these meetings, I hope that you can appreciate that 
> Staff is not circumventing the GNSO processes. The Strawman Model and 
> my blog posting always clarified that this request to the GNSO Council 
> was coming.  One of my goals as CEO is to enhance collaboration in the 
> ICANN community as it tackles difficult issues.   I truly believe that 
> the development of strawman proposals on this and other issues can be 
> a useful tool to inform policy and implementation discussions.   I 
> hope that you will consider this request in that light.
> We look forward to the Council’s reply to this request.
>
> Best Personal Regards,
>
> Fadi Chehade
>
> President and CEO
>
> ICANN

--
Bei weiteren Fragen stehen wir Ihnen gerne zur Verfügung.

Mit freundlichen Grüßen,

Volker A. Greimann
- Rechtsabteilung -

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