[bc-gnso] Update on TM Rights Protection Mechanisms Negotiations

philip.sheppard at aim.be philip.sheppard at aim.be
Thu Oct 29 05:02:47 UTC 2009

Great stuff Zahid - well doine.

> Today the 3 days of off line negotiations and reaching out to the ALAC and
> NCSG on the issue of the IRT Report and the RPMs were successful.
> 3 hours of discussion (with the help of the ALAC- Alan and Cheryl) on
> Monday
> with NCSG reps (Kathryn Kleiman and Konstantinos Komaitis) followed by
> discussions through yesterday were successful in providing background and
> a
> context to the BC position on the IRT Report.
> Initially on the Council list the NCSG had indicated and unwillingness of
> the IRT being available as a resource.
> Summary of points for discussion that were discussed were (subject to them
> being taken back to the NCSG):
> Welcome the IRT and other resources being available to the GNSO Working
> Group working on the Board's letter regarding the RPMs (ie. STI review
> team).
> At the session on Thursday (today) express the willingness that NCSG had
> for
> reaching out constructively to the GNSO community (language discussed
> included reaching common ground).
> The GNSO passed a Resolution today with the support of the NCSG stating:
> The assistance of members of the IRT in answering questions about the IP
> Clearinghouse and Uniform Rapid Suspension System recommendations may be
> useful to this work. The GNSO Council requests that members of the IRT who
> worked on those recommendations be available to answer any such questions
> that may arise;
> I believe that possibly a more integral part than the discussion with
> Kathy
> in achieving this was the efforts of members from other Constituency(s)
> that
> may have helped mediate this resolution through.
> In today's session on Trademark Protection and new gTLDs (transcript
> attached):
> Kathy responded positively and at the end of her first intervention
> stated:
> '....we in the NCUC want to work with you.  We want to establish common
> ground, and we wish the best of luck for all of us in this expedited
> process.'
> She even went as far as saying in regards the IRT URS recommendation for
> Appeal:
> '.....and I have to say it, and I guess I'm on the record, the IRT kind of
> got this one right and let's go back to that.'
> This was met with equal good will by CSG members:
> J. Scott, now President of the IPC said:
> 'I worked with Kathy Kleiman, and we drafted the UDRP final version with
> Louis Touton and a group of other talented people, many of whom are here
> today................We just want to solve a problem.  That's what we're
> here to do.  We want to work with registries, registrars, NCUC.  That's
> what
> we're here for.  We're problem solvers.  We want to solve the problem.
> Thank you for the opportunity, and we look forward to working together in
> the near future.
> Zahid Jamil BC Councillor said:
> 'First of all, I would like to acknowledge and thank Kathy for the NCUC's
> constructive invitation to work with goodwill.
> We look forward to the sentiment continuing in the GNSO.  So thank you for
> that..........'
> With respect to several aspects of the IRT Solutions it seems that NCSG
> and
> BC may be able to find common ground.
> I am sure there must have been much discussion in the NCSG itself about
> taking these positions after discussing matters with the BC and other
> individuals. So Kudos to Kathy and Kostantino for achieving success for
> not
> letting down our discussions from Monday for which I have thanked them.
> Efforts of Alan and Cheryl to set up some of the atmosphere for the
> interaction also helped.
> Also in other private discussions this evening with some ALAC reps it
> seems
> that there may be even more common ground possible with the BC positions.
> This sentiment seems to have created an atmosphere which may enable some
> parties with divergent views reaching consensus on some aspects at least.
> I
> hope this interaction will also help BC, NCSG and ALAC collaborating on
> other issues in the future.
> Through private meetings tomorrow leading up to the STI session I hope
> this
> sentiment continues.
> Will report back after tomorrows STI meeting.
> Sincerely,
> Zahid Jamil
> Barrister-at-law
> Jamil & Jamil
> Barristers-at-law
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> Merewether Road, Karachi. Pakistan
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> Fax: +92 21 5655026
>  <http://www.jamilandjamil.com/> www.jamilandjamil.com
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