RE: [registrars] Background to ICANN President's working group on WIPO-II recommendations

["Elana Broitman" <ebroitman@xxxxxxxxxxxx>]

Dear all - further to Bruce Tonkin's message below regarding the WIPO-II group, I understand from our GNSO Council representatives that this is a formal group akin to a task force because it has been created by the ICANN Board to advise the Board regarding WIPO-II recommendations.

If the working group believes that the WIPO-II recommendations could be implemented, the Board would likely request the GNSO to begin a policy
development process.  Thus, the group plays a key role in the beginning of a PGP - policy development process.

The question for the group at the moment is whether the recommendations can be feasibility implemented within the ICANN mission. The Constituency can send one representative to the group.

Given the posture of this group, we will treat like a GNSO Council task force and elect a representative.  The election process is as follows.

1)	Beginning today, there will be 14 days for nominations.  At the end of such period - on September 2nd, we will have an election done through boardrooms.org.

2) 	Nomination of a candidate shall submit such candidate's name to the Constituency mailing list. Such nomination may be accompanied by the Proponent's endorsement of the candidate.

2)	Nominations must have one second endorsement, and the nominee must accept.  Such filing is accomplished by sending the nomination and endorsement by electronic means to the Constituency's Secretary.  Normally, that would be Robert F. Connelly [rconnell@xxxxxxxxxxxxx], but as I am hereby nominating Bob for the Constituency's representation, please feel free to send them to me or to the list in order to avoid conflicts of interest.

3)	The nominees accepting these endorsements must file conflict of interest statements prior to the beginning of the voting period.

Regards,

Elana Broitman
Register.com
575 Eighth Avenue
New York, NY 10018
Phone (212) 798-9215
Fax   (212) 629-9309
ebroitman@xxxxxxxxxxxx 



-----Original Message-----
From: Bruce Tonkin [mailto:Bruce.Tonkin@xxxxxxxxxxxxxxxxxx]
Sent: Thursday, August 14, 2003 7:42 PM
To: Registrars@xxxxxxxx
Subject: [registrars] Background to ICANN President's working group on
WIPO-II recommendations


Hello All,

Note the ICANN Board in its meeting of 2 June 2003 requested the ICANN
President form a working group to study the WIPO-II recommendations.
The President requested the GNSO nominate 6 representatives to that
committee.  The GNSO in its meeting 12 hours ago, decided to request
that each constituency appoint a representative.

The original Board resolution from the Board meeting on 2 June 2003, is
attached below.

I recommend we use our procedures for appointing a registrars
representative to a GNSO task force - ie we call for nominations and
then formally vote for a representative.

Regards,
Bruce Tonkin
Melbourne IT


From: http://www.icann.org/minutes/minutes-02jun03.htm

Whereas, the World Intellectual Property Organization (WIPO) sent ICANN
a letter dated 21 February 2003 providing information about two
decisions, concerning recommendations about the names and acronyms of
International Intergovernmental Organizations and about the names of
countries, which WIPO member states requested be transmitted to ICANN;

Whereas, in resolution 03.22 the Board requested the President to inform
the Governmental Advisory Committee, the Supporting Organizations, and
the other Advisory Committees of the 21 February 2003 letter from WIPO
and to invite their comments;

Whereas, advice and comments were received from the At-Large Advisory
Committee (ALAC), the GNSO Council, the Governmental Advisory Committee
(GAC), and the Intellectual Property Interests and the Commercial and
Business Users Constituencies of the GNSO;

Whereas, the Board has considered the advice and comments received, as
well as the discussion and analysis in the 1 June 2003 General Counsel's
Briefing Concerning Policy-Development Process on WIPO-2
Recommendations;

Resolved [03.83] that the President is directed to form, in consultation
with the chairs of the GNSO Council, the ALAC, and the GAC, a working
group including participants in the GNSO, the ALAC, and the GAC as well
as Board members, for the purpose of analyzing the practical and
technical aspects of implementing the WIPO recommendations, and notably
the implications for the UDRP; and

Further resolved [03.84] that the President and General Counsel are
directed to investigate and analyze legal aspects of the relationship
between ICANN's mission and the recommendations conveyed by the 12
February 2003 letter from WIPO, and to report to the Board and to the
working group formed under resolution 03.83 on the result of that
investigation and analysis. Among topics to be considered should be
whether implementation of the WIPO recommendations would require ICANN
to prescribe adherence to normative rules, not based on established
laws, for the resolution of competing third-party claims to rights to
register names.