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RE: [council] Fwd: [GAC] For GAC: Draft Report of the Independent Review of the Trademark Clearinghouse Available for Public Comment
Very welcome. Let’s keep a positive dialogue going with GAC wherever possible.
Philip S. Corwin, Founding Principal
Virtualaw LLC
1155 F Street, NW
Suite 1050
Washington, DC 20004
202-559-8597/Direct
202-559-8750/Fax
202-255-6172/Cell
Twitter: @VlawDC
"Luck is the residue of design" -- Branch Rickey
From: Mason Cole [mailto:mason@xxxxxxxxx]
Sent: Monday, October 17, 2016 6:35 PM
To: Phil Corwin
Cc: GNSO Council List (council@xxxxxxxxxxxxxx)
Subject: Re: [council] Fwd: [GAC] For GAC: Draft Report of the Independent
Review of the Trademark Clearinghouse Available for Public Comment
Excellent. Will do, thanks Phil.
On Oct 16, 2016, at 4:21 PM, Phil Corwin
<psc@xxxxxxxxxxx<mailto:psc@xxxxxxxxxxx>> wrote:
Mason:
Please let Mark know that the PDP WG that is reviewing all RPMs in all gTLDs is
submitting questions to the TMCH as well as to registries and registrars to
gather more data from all of them in regard to the operation of the TMCH-linked
RPMs to date, and that we will be pleased to share that data with the GAC as it
is received and analyzed.
Best, Philip
Philip S. Corwin, Founding Principal
Virtualaw LLC
1155 F Street, NW
Suite 1050
Washington, DC 20004
202-559-8597/Direct
202-559-8750/Fax
202-255-6172/Cell
Twitter: @VlawDC
"Luck is the residue of design" -- Branch Rickey
From: owner-council@xxxxxxxxxxxxxx<mailto:owner-council@xxxxxxxxxxxxxx>
[mailto:owner-council@xxxxxxxxxxxxxx] On Behalf Of Mason Cole
Sent: Friday, October 14, 2016 7:34 PM
To: GNSO Council List (council@xxxxxxxxxxxxxx<mailto:council@xxxxxxxxxxxxxx>)
Subject: [council] Fwd: [GAC] For GAC: Draft Report of the Independent Review
of the Trademark Clearinghouse Available for Public Comment
Councilors —
I was copied on the attached email from Mark Carvell, the GAC representative
from the UK. I’m forwarding to you as a heads up on an issue the GAC will
likely seek to put on the agenda for the council’s joint meeting with the GAC
in Hyderabad.
Please let me know if you’d like me to return any information or concerns to
Mark. I’m happy to do so.
Mason
Begin forwarded message:
From: Mark Carvell
<mark.carvell@xxxxxxxxxxxxxx<mailto:mark.carvell@xxxxxxxxxxxxxx>>
Subject: Re: [GAC] For GAC: Draft Report of the Independent Review of the
Trademark Clearinghouse Available for Public Comment
Date: October 7, 2016 at 12:29:02 PM PDT
To: "gac@xxxxxxxxx<mailto:gac@xxxxxxxxx>" <gac@xxxxxxxxx<mailto:gac@xxxxxxxxx>>
Cc: Mason Cole <mason@xxxxxxxxx<mailto:mason@xxxxxxxxx>>,
"Thomas.Schneider@xxxxxxxxxxxxxx<mailto:Thomas.Schneider@xxxxxxxxxxxxxx>"
<thomas.schneider@xxxxxxxxxxxxxx<mailto:thomas.schneider@xxxxxxxxxxxxxx>>, Tom
Dale <tom@xxxxxxxxxxx<mailto:tom@xxxxxxxxxxx>>
Dear GAC colleagues
As aide memoire I'm resending my e-mail of 14 August below which set out
proposed action by the GAC on the draft report of the review of the Trade Mark
Clearing House (TMCH) which has been undertaken in response to a GAC proposal
before the launch of the current new gTLD application round in view of the
criticality of the TMCH as a rights protection mechanism (RPM).
Responses received from stakeholders to the consultation on the draft report of
the TMCH review are accessible at
https://www.icann.org/public-comments/tmch-review-2016-07-25-en
The GAC has a session in Hyderabad on the TMCH review scheduled for 6 November
and it is possible that one of the authors of the report will be able to
attend. I encourage colleagues therefore in the remaining time available before
travelling to Hyderabad to familiarise themselves with this RPM, to review the
responses to the draft review report and if necessary to seek comments and
advice from intellectual property policy experts in your administrations.
Kind regards
Mark
Mark Carvell
Representative of the United Kingdom and its Overseas Territories on the
Governmental Advisory Committee of ICANN
GAC Vice-Chair candidate for 2017
Global Internet Governance Policy
Department for Culture, Media and Sport
mark.carvell@xxxxxxxxxxxxxx<mailto:mark.carvell@xxxxxxxxxxxxxx>
tel +44 (0) 20 7211 6062
On 14 August 2016 at 17:11, Mark Carvell
<mark.carvell@xxxxxxxxxxxxxx<mailto:mark.carvell@xxxxxxxxxxxxxx>> wrote:
Dear GAC colleagues
One of the key parts of the new gTLD Applicant Guidebook as it was being
written in 2009-11 that came under scrutiny by the GAC in its "scorecard"
progressive review of the proposals was that relating to intellectual rights
protection. This was in order to mitigate what was perceived to be a
substantial risk of escalation of the cybersquatting problem of bad faith
registration of trade mark names in order to extort money from brand-owners if
there were to be a significant expansion in the number of top level domains.
Cybersquatting costs business over a billion dollars annually.
The level of public policy concern relating to how the rights protection
mechanisms (RPMs) were being developed to address this risk, is indicated in
the detailed exchanges on rights protection at the time of the inter-sessional
GAC meeting with the Board in Brussels on 28 February-1 March 2011 - see for
example:
https://gacweb.icann.org/display/gacweb/ICANN+Board-GAC+Consultation+Brussels+28+Feb-1+Mar+2011?preview=/27131966/27198027/GACID_20110309-GAC_replies_to_ICANN_rights_protection_questions.pdf
There is also the statement of comments on the guidebook that issued on 25 May:
https://archive.icann.org/en/topics/new-gtlds/gac-comments-new-gtlds-26may11-en.pdf
which in how it addresses issues such as community-based applications is a
very interesting document from the archives, when read in the light of the
experience of the new gTLDs round.
The key safeguard mechanism that emerged from these discussions is the
"Trademark Clearinghouse" which is essentially a database of registered marks
to which registrars need to refer when receiving registration enquiries and
requests. This has been operational since the roll out of the new gTLD
programme started in late 2013; the size of the database is described on pp5-6
of the draft review report.
The message to corporate brand-owners was that they needed to develop
strategies to prepare for this rapidly growing TLD landscape and use the
clearing house as the one-stop-solution for protecting their brand in the era
of the massively expanded new gTLD system.
For its part the GAC after some of its recommendations and proposals had not
been fully accepted, ultimately recommended in the 25 May 2011 statement that a
comprehensive independent review of the TMCH be conducted that would be
triggered at the one year point after the launch of the 75th new gTLD in the
round. We are now at that point.
As the topic lead of the RPMs at the time of the inter-sessional meeting with
the Board, the GAC leadership has asked me to coordinate the GAC's interaction
and response to the review report. I now propose to do this with a view to
presenting a GAC statement of position at our next meeting in Hyderabad. By the
time of that meeting in November, we and the GNSO will have had the opportunity
to review the stakeholder responses to the current public consultation which
concludes on 3 September and it is likely that the planned revised report
taking into account the responses will have issued.
The ICANN announcement summarises very succinctly the main conclusions of the
draft report - including relating to few specific critical questions raised
back in 2011 about TMCH not dealing with non-exact matches of trademarks (which
had been rejected by the Board) and not handling notifications after 60 days
limit - but not exclusively so as this should be a comprehensive evaluation of
the TMCH's effectiveness including how unforeseen problems have been dealt with.
For further information and key links, Tom Dale has provided the attached GAC
Secretariat briefing note.
My proposed way forward for the GAC in preparing its response to the
Independent Review of TMCH Services:
1. Colleagues familiarise themselves with the draft report and its preliminary
conclusions in preparation for consideration of the stakeholder consultation
responses in September. We should bear in mind what the GAC required of this
comprehensive review in 2011. In particular we should question whether all the
relevant issues relating to mitigating the cybersquatting risk have been
covered in the draft report and whether all the emerging issues from the
experience since the roll-out of new gTLDs commenced. have been taken into
account.
Timeline: send me your initial responses to the draft report by 9 September
prior to my launch the main GAC exercise which is to review the stakeholder
responses (with the help of ICANN staff) in the second half of September and
first week of October.
How can you contribute?
Few of us on the GAC are IPR experts. Back in 2011 several GAC members
(including the UK) actively consulted their intellectual property policy expert
leads in the respective ministries and agencies, for direction as to the
position that the GAC should take on enhancing rights protection while also
balancing the opportunity for new stakeholders in the domain name system. So I
recommend at this time of the TCMH services review, that colleagues likewise
consider engaging their intellectual property policy colleagues - especially
those familiar with the cybersquatting risk and complaints and so who would be
in contact with brand-owners in particular - in order to develop your inputs
into the GAC deliberations on the TMCH, well in advance of the Hyderabad.
2. At the Hyderabad meeting, I propose I chair a substantive discussion with
the aim of formulating a GAC statement of position on the TMCH services and the
revised review report. and as appropriate recommend adjustments both for the
current round and the subsequent mechanisms should there be a community
decision to extend further the domain name system with more gTLDs..
3. The TMCH services review will quite possibly be an issue for discussion with
the GNSO in Hyderabad (I'm copying in our liaison Mason Cole so that he is
aware). One further option for colleagues to consider is the potential value of
inviting the review authors (Jiariu Liu of the Stamford Law School, Greg Rafert
of Analysis Group, and Katja Seim of the Warton School Pennsylvania University)
to present their findings to the GAC and take questions in open session. Let me
know what you think of that option in due course.
I'm away on summer leave for the rest of August but will be happy to take
questions and comments on the above proposed way forward on the Trademark
Clearinghouse Services review, when I return to the office on 2 September.
Kind regards
Mark
Mark Carvell
United Kingdom Representative on the Governmental Advisory Committee of ICANN
Global Internet Governance Policy
Department for Culture, Media and Sport
mark.carvell@xxxxxxxxxxxxxx<mailto:mark.carvell@xxxxxxxxxxxxxx>
tel +44 (0) 20 7211 6062<tel:%2B44%20%280%29%2020%207211%206062>
On 26 July 2016 at 06:44, Tom Dale <tom@xxxxxxxxxxx<mailto:tom@xxxxxxxxxxx>>
wrote:
Dear GAC
Please see the news alert from ICANN, below, advising that the draft report of
the Review of the Trademark Clearinghouse has been released for public comment.
The deadline for comment is 3 September 2016.
This review is based on a GAC recommendation of May 2011 for a comprehensive
post-launch independent review of the Clearinghouse to be conducted one year
after the launch of the 75th new gTLD in the round.
Further briefing will be provided in the near future.
Regards
Tom Dale
ACIG GAC Secretariat
From: ICANN News Alert
<no-reply@xxxxxxxxxxxxxxxxxx<mailto:no-reply@xxxxxxxxxxxxxxxxxx>>
Reply-To: "no-reply@xxxxxxxxxxxxxxxxxx<mailto:no-reply@xxxxxxxxxxxxxxxxxx>"
<no-reply@xxxxxxxxxxxxxxxxxx<mailto:no-reply@xxxxxxxxxxxxxxxxxx>>
Date: Tuesday, 26 July 2016 at 2:16 AM
To: Thomas Dale <tom@xxxxxxxxxxx<mailto:tom@xxxxxxxxxxx>>
Subject: ICANN News Alert -- Draft Report of the Independent Review of the
Trademark Clearinghouse Available for Public Comment
[ICANN]<http://www.icann.org/>
News Alert
https://www.icann.org/news/announcement-2016-07-25-en
________________________________
Draft Report of the Independent Review of the Trademark Clearinghouse Available
for Public Comment
25 July 2016
25 July 2016 – ICANN today announced the publication of the Draft Report of the
Independent Review of the Trademark Clearinghouse. Specific considerations
related to the matching criteria, Trademark Claims service and Sunrise period
are assessed in the review, conducted by Analysis Group.
Read the
report<https://newgtlds.icann.org/en/reviews/tmch/draft-services-review-25jul16-en.pdf>
[PDF, 1.15 MB].
The report is available for public comment through 3 September 2016. Feedback
will be incorporated into a revised report.
Comment on the Draft Report of the Independent Review of the Trademark
Clearinghouse<https://www.icann.org/public-comments/tmch-review-2016-07-25-en>.
Key Findings:
Expanding Matching Criteria to include non-exact matches may be of limited
benefit: The dispute rate of completed registrations that are variations of
trademark strings is very low.
Extending the Trademark Claims Service may have diminishing value:
Registrations of names matching trademarks decline after the required 90-day
Claims service period ends.
Few trademark holders utilize the Sunrise period: Most users of the Trademark
Clearinghouse submit proof of use to gain access to the Sunrise period.
However, across eligible trademark holders, fewer than 20 percent have used the
Sunrise period to date.
Additional Information
An independent review of the Trademark Clearinghouse was
recommended<https://archive.icann.org/en/topics/new-gtlds/gac-comments-new-gtlds-26may11-en.pdf>
[PDF, 110 KB] by the GAC in May 2011 to be completed after the launch of the
New gTLD Program. The review is informed by an analysis of Trademark
Clearinghouse and third-party data sources, including data collected from
stakeholders via interviews and surveys.
About ICANN
ICANN's mission is to help ensure a stable, secure and unified global Internet.
To reach another person on the Internet, you have to type an address into your
computer - a name or a number. That address has to be unique so computers know
where to find each other. ICANN helps coordinate and support these unique
identifiers across the world. ICANN was formed in 1998 as a not-for-profit
public-benefit corporation and a community with participants from all over the
world. ICANN and its community help keep the Internet secure, stable and
interoperable. It also promotes competition and develops policy for the
top-level of the Internet's naming system and facilitates the use of other
unique Internet identifiers. For more information please visit:
www.icann.org<https://www.icann.org/>.
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Mason Cole
VP Communications & Industry Relations
Donuts Inc.
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Ofc +1 503 908 7623
Cell +1 503 407 2555
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Mason Cole
VP Communications & Industry Relations
Donuts Inc.
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Ofc +1 503 908 7623
Cell +1 503 407 2555
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