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

marilynscade at hotmail.com marilynscade at hotmail.com
Fri Oct 30 05:04:41 UTC 2009


I have been so impressed by your commitment to consulting with the  
members, zahid! With the daily consultations orga nized by ron , we  
had a new experience of collaboration for the constituency--but we did  
miss the rest of you due to the time zone!
Let's build on this! I will be hard to reach except by phone  
@2023601196 until the blkberry is replaced.

On Oct 30, 2009, at 8:48 AM, Phil Corwin <pcorwin at butera-andrews.com>  
wrote:

> Zahid:
>
> Your proactive initiatives are exactly what is needed, especially  
> given the tight tomeframe and the reality that if reasonable  
> consensus is not achieved ICANN's Board will almost certainly adopt  
> the staff assimilation that no one wants to see put in place.
>
> So your commendable efforts have my full support.
>
> -Philip
> Philip S. Corwin
> Partner
> Butera & Andrews
> 1301 Pennsylvania Ave., NW
> Suite 500
> Washington, DC 20004
> 202-347-6875 (office)
> 202-347-6876 (fax)
> 202-255-6172 (cell)
> "Luck is the residue of design." -- Branch Rickey
> From: owner-bc-gnso at icann.org [owner-bc-gnso at icann.org] On Behalf Of  
> Liz Williams [lizawilliams at mac.com]
> Sent: Thursday, October 29, 2009 5:18 PM
> To: Mike O'Connor
> Cc: Zahid Jamil; 'bc - GNSO list'
> Subject: Re: [bc-gnso] Update on TM Rights Protection Mechanisms  
> Negotiations
>
> 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 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.
>>>
>>> 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 (transc 
>>> ript 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 th 
>>> is 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 I 
>>> RT 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 vers 
>>> ion with Louis Touton and a group of other talented people, many 
>>>  of whom are here today................We just want to solve a p 
>>> roblem.  That's what we're here to do.  We want to work with reg 
>>> istries, registrars, NCUC.  That's what we're here for.  We're p 
>>> roblem solvers.  We want to solve the problem.  Thank you for th 
>>> e opportunity, and we look forward to working together in the ne 
>>> ar future.
>>>
>>> Zahid Jamil BC Councillor said:
>>>
>>> ‘First of all, I would like to acknowledge and thank Kathy for t 
>>> he 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.
>>>
>>
>> - - - - - - - - -
>> phone
>> 651-647-6109
>> fax   866-280-2356
>> web
>> www.haven2.com
>> handle OConnorStP (ID for public places like Twitter, Facebook,  
>> Google, etc.)
>>
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mm.icann.org/pipermail/bc-gnso/attachments/20091030/467d1a06/attachment.html>


More information about the Bc-gnso mailing list