RE: [council] RE: Invitation to the GNSO - GAC Community Session on Protection of Geographic Names

[Heather Forrest <Heather.Forrest@xxxxxxxxxx>]

Dear Jonathan, Council colleagues,

Thank you. In preparation, I have listed the key points from the comments 
submitted by the BC, ISPCP, RySG and IPC (drawn directly from summaries in the 
document, where these were included) and set these out below. I interpret our 
role on the panel to be pointing to the comments submitted by these 4 groups, 
which clearly demonstrate our interest in the area, and the need for GNSO to be 
involved in dialogue given the inevitable impact this discussion will have on 
gTLD policy.

It would be very helpful if a representative of each of these four groups could 
be present in the room to take specific questions if these arise.

Best wishes,

Heather

BC:

  *   Searching to determine if a new string is any type of geographic name is 
impractical.
  *   Agreement or non-objection from the relevant governments and public 
authorities before submission of an application sets an unclear burden for 
business users applying for new gTLDs.
  *   incompatiblity with current law.
  *   No clarity on the definition of “public interest,” and what authority 
will determine the public interest in the event of a disagreement over a new 
gTLD.

RySG:

  *   Comments endorse comments submitted by BC
  *   Impractical and unreasonable approach to determining whether or not a 
string is a geographic name.
  *   The categories proposed by the GAC are overly broad, have no basis in 
international law, and could be applied subjectively and unpredictably.
  *   The absence of a clearly understood test, grounded in international law 
principles, could clear the way for such disparate and unfair treatment of new 
gTLD applications downstream, in contravention of the ICANN bylaws.
  *   Proper process under bylaws is to request an Issue Report as precursor to 
a GNSO PDP

ISPCP:

  *   Proposal is based on an unclear and overly broad definition of what 
constitutes a geographic name.
  *   Proposal provides no clear definition of “public interest”.

IPC:

  *   Government consent requirement and the explanations for it lack a legal 
basis.
  *   Inappropriate assumption that TLD use of a name that also has a 
geographical meaning is inherently a misuse of that name and contrary to the 
public interest
  *   Proposal is based on inaccurate understanding of trademark law
  *   Proposal's scope is overbroad, extends beyond strictly geographic names 
to regional language, people descriptions and cultural terms

________________________________
From: Jonathan Robinson [jrobinson@xxxxxxxxxxxx]
Sent: Tuesday, 10 February 2015 9:35
To: Heather Forrest; 'Carlos Raúl G. '
Cc: council@xxxxxxxxxxxxxx
Subject: RE: [council] RE: Invitation to the GNSO - GAC Community Session on 
Protection of Geographic Names

Thanks Heather & Carlos,

Assuming there are not objections or other issues raised in the meantime, that 
will be very helpful.

Jonathan

From: Heather Forrest [mailto:Heather.Forrest@xxxxxxxxxx]
Sent: 09 February 2015 19:59
To: Carlos Raúl G.
Cc: jrobinson@xxxxxxxxxxxx; council@xxxxxxxxxxxxxx
Subject: RE: [council] RE: Invitation to the GNSO - GAC Community Session on 
Protection of Geographic Names

Dear colleagues,

Following on from Carlos's comments below, if you are comfortable with the 
arrangement, Carlos and I are both prepared to represent the GNSO on the panel 
and put forward the views submitted by the constituencies and SGs who commented.

Best wishes,

Heather


________________________________
From: Carlos Raúl G. [crg@xxxxxxxxxxx]
Sent: Monday, 9 February 2015 18:57
To: Heather Forrest
Cc: jrobinson@xxxxxxxxxxxx<mailto:jrobinson@xxxxxxxxxxxx>; 
council@xxxxxxxxxxxxxx<mailto:council@xxxxxxxxxxxxxx>
Subject: Re: [council] RE: Invitation to the GNSO - GAC Community Session on 
Protection of Geographic Names
Heather, Jonathan !

I want to participate as well on Wednesday.

I just had a short but intense conversation on the issue with Thomas Schneider: 
although the GAC is far from a common position on the paper/report of their 
Working Group, processing the experience and taking action after the last round 
of gTLD is of great importance to the GAC.

We will be able to report back toe Council on WED afternoon.

Carlos Raúl Gutiérrez
+506 8837 7176 (New Number)
Enviado desde mi iPhone

El feb 9, 2015, a las 18:10, Heather Forrest 
<Heather.Forrest@xxxxxxxxxx<mailto:Heather.Forrest@xxxxxxxxxx>> escribió:
Dear Jonathan,

Thank you for your email below. I am pleased to see that the GNSO ultimately 
received an invitation to this "community session" which unquestionably 
involves matters of gTLD policy.

Jonathan, I would be very grateful if you were willing to reply thanking Olga 
for the invitation and confirming that we will convey the name of the GNSO 
representative very soon.

I will attend this session but do not wish to be put forward as representing 
the GNSO on the panel without input from Council colleagues. My concern about 
this panel has been procedural - that the GNSO be represented, not that I or 
any particular person be the representative.

Also involved in this issue is Carlos Gutierrez, who serves with me as GNSO 
co-chairs on the CWG Country and Territory Names; Carlos is the Council's 
liaison on that CWG.

Many thanks and best wishes in advance for any feedback received,

Heather


________________________________
From: Jonathan Robinson [jrobinson@xxxxxxxxxxxx<mailto:jrobinson@xxxxxxxxxxxx>]
Sent: Monday, 9 February 2015 17:32
To: Heather Forrest
Cc: council@xxxxxxxxxxxxxx<mailto:council@xxxxxxxxxxxxxx>
Subject: FW: Invitation to the GNSO - GAC Community Session on Protection of 
Geographic Names
Heather,

I have received the below and attached invitation from Olga Cavelli.

I expect that this is of interest to you and would like confirmation that you 
will be able to attend.
In addition, are you able to do the five minute presentation requested or could 
you suggest someone who may be able to?

Thank-you.

Jonathan

From: Olga Cavalli [mailto:olgacavalli@xxxxxxxxx]
Sent: 08 February 2015 23:05
To: jonathan.robinson@xxxxxxxxxxx<mailto:jonathan.robinson@xxxxxxxxxxx>
Cc: Mason Cole; Schneider, Thomas
Subject: Invitation to the GNSO - GAC Community Session on Protection of 
Geographic Names

Dear Jonathan,

as I told you this evening, working group on protection of geographic names in 
the GAC wants to invite the GNSO to join us in the community session on 
Protection of Geographic names.

We also want to invite the GNSO for a five minutes presentation about comments 
to the draft background document.

See attached documents for your refence:

- Summary of comments recieved
- Community session relevant links and agenda.

Looking forward for your participation. Please confirm who form GNSO will come, 
session will take place on Wednesday 10:30 to 11:30 at the Collyer room.

Best regards
Olga