[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.)
>>
>
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