[council] Council resolution 18 February 2016

[Glen de Saint Géry <Glen@xxxxxxxxx>]

Dear Councillors,

Please find the resolution  that passed unanimously at the GNSO Council meeting 
on 18 February 2016.

Initiation of a Policy Development Process (PDP) on a Review of All Rights 
Protection Mechanisms (RPMs) in All Generic Top-Level Domains (gTLDs)

Whereas

1. In December 2011 the GNSO Council had requested that an Issue Report on the 
current state of all rights protection mechanisms (RPMs) implemented for both 
existing and new gTLDs, including but not limited to the Uniform Dispute 
Resolution Policy (UDRP), be delivered to the GNSO Council no later than 
eighteen (18) months following the delegation of the first gTLD in ICANN's New 
gTLD Program;

2. In January 2014 the GNSO Council agreed to extend the timeline for delivery 
of the Issue Report by six (6) months;

3. ICANN staff published the Preliminary Issue Report on a Policy Development 
Process to Review All RPMs in All gTLDs for public comment on 9 October 2015, 
with the public comment forum closing on 30 November 2015;

4. ICANN staff have reviewed the public comments received, published a Report 
of Public Comments on 10 December 2015 and updated the Issue Report accordingly;

5. The Final Issue Report on a Policy Development Process to Review All RPMs in 
All gTLDs was delivered to the GNSO Council on 11 January 2016 (see 
http://gnso.icann.org/en/issues/new-gtlds/rpm-final-issue-11jan16-en.pdf);

6. The Final Issue Report includes a recommendation that the GNSO Council 
proceed with a two-phased Policy Development Process (PDP) that will first 
review the RPMs that were developed for the New gTLD Program, followed by a 
subsequent second phase that will review the UDRP, with the overall goal of 
developing a uniform and consistent framework for any future review of RPMs; and

7. The General Counsel of ICANN has indicated that the topics recommended for 
review are properly within the scope of the ICANN policy process and the GNSO.

RESOLVED:

1. The GNSO Council hereby initiates a two-phased PDP to review all RPMs in all 
gTLDs, to review and determine whether modifications to the existing RPMs 
(including but not limited to the UDRP) are needed and, if so, what they should 
be. The outcome of the PDP may lead to (i) amendments or replacement of 
existing policies, principles or procedures; (ii) the development of new or 
additional policy recommendations; and/or (iii) the creation of new 
implementation guidance to supplement existing policies or procedures.

2. The GNSO Council requests that the PDP Working Group be convened as soon as 
possible after the adoption of the PDP Working Group Charter in order to 
fulfill the requirements of this PDP.

Please let us know if you have any questions.
Thank you.
Kind regards,
Glen

Glen de Saint Géry
GNSO Secretariat
gnso.secretariat@xxxxxxxxxxxxxx
http://gnso.icann.org