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

[Liz Williams]

support Mikey's position -- the way you're doing it is the way forward!
On 29 Oct 2009, at 17:04, Mike O'Connor wrote:

> you've got my support.  keep at it Zahid.  this is precisely the  
> kind of behavior we need if we're to break out of the "old habits,  
> old fights" mindset that so clogs the arteries of ICANN.
>
> mikey
>
>
> On Oct 29, 2009, at 11:56 AM, Zahid Jamil wrote:
>
>> Dear All,
>>
>> Met with ALAC reps today for an hour before the STI meeting.  We  
>> found common ground on nearly all essential BC positions.   
>> (facilitated by Alan – ALAC Liaison).
>>
>> The actual STI meeting took place in a very conducive atmosphere.   
>> The unreasonably short time line set by the Board was discussed.   
>> My feeling is we may have spent too much time on process (40  
>> mins).  Jeff Neuman, Jon Nevett and I voiced our desire to get on  
>> with the substantive discussions.  Issues were listed and it was  
>> decided that we would focus on them in our discussions over calls.   
>> The group has asked staff to provide information on whether there  
>> will be support available for a face to face meeting as several  
>> members feel some of these issues may not be solvable otherwise.
>> After the meeting I spent an hour with NCSG and ALAC.  We seem to  
>> have common ground on several of the essential BC positions.  NCSG  
>> requested these not be discussed publicly yet.  They are also  
>> attempting to see if I can meet with Wendy tomorrow (she as absent  
>> due to her Board meetings).  The meeting with her will probably be  
>> important in ensuring that the common ground seemingly achieved is  
>> maintained.
>>
>> One issue that Registrar and Registry reps did not support was the  
>> notion of a post launch IP Claims service.  However, this is on the  
>> issues listed to be discussed.
>>
>> On another note my sense is that my outreach and attempts to  
>> discuss matters with ALAC and NCSG does not seem to attract any  
>> support (in fact in some respects I sense the opposite).  This is a  
>> cause for concern.
>>
>>
>>
>> Sincerely,
>>
>> Zahid Jamil
>> Barrister-at-law
>> Jamil & Jamil
>> Barristers-at-law
>> 219-221 Central Hotel Annexe
>> Merewether Road, Karachi. Pakistan
>> Cell: +923008238230
>> Tel: +92 21 5680760 / 5685276 / 5655025
>> Fax: +92 21 5655026
>> www.jamilandjamil.com
>>
>> Notice / Disclaimer
>> This message contains confidential information and its contents are  
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>> not the intended recipient you should not disseminate, distribute  
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>> intellectual property of Jamil & Jamil, Barristers-at-Law, and  
>> constitute privileged information protected by attorney client  
>> privilege. The reproduction, publication, use, amendment,  
>> modification of any kind whatsoever of any part or parts (including  
>> photocopying or storing it in any medium by electronic means  
>> whether or not transiently or incidentally or some other use of  
>> this communication) without prior written permission and consent of  
>> Jamil & Jamil is prohibited.
>>
>> From: owner-bc-gnso at icann.org [mailto:owner-bc-gnso at icann.org] On  
>> Behalf Of Zahid Jamil
>> Sent: Thursday, October 29, 2009 12:14 AM
>> To: 'bc - GNSO list'
>> Subject: [bc-gnso] Update on TM Rights Protection Mechanisms  
>> Negotiations
>>
>> 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
>> 219-221 Central Hotel Annexe
>> Merewether Road, Karachi. Pakistan
>> Cell: +923008238230
>> Tel: +92 21 5680760 / 5685276 / 5655025
>> Fax: +92 21 5655026
>> www.jamilandjamil.com
>>
>> Notice / Disclaimer
>> This message contains confidential information and its contents are  
>> being communicated only for the intended recipients . If you are  
>> not the intended recipient you should not disseminate, distribute  
>> or copy this e-mail.  Please notify the sender immediately by e- 
>> mail if you have received this message by mistake and delete it  
>> from your system. The contents above may contain/are the  
>> intellectual property of Jamil & Jamil, Barristers-at-Law, and  
>> constitute privileged information protected by attorney client  
>> privilege. The reproduction, publication, use, amendment,  
>> modification of any kind whatsoever of any part or parts (including  
>> photocopying or storing it in any medium by electronic means  
>> whether or not transiently or incidentally or some other use of  
>> this communication) without prior written permission and consent of  
>> Jamil & Jamil is prohibited.
>>
>
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