[Gnso-igo-ingo-crp] GAC LA Communique on IGO-INGO Curative Rights WG

[David Cake]

Clearly, much of this is directly relevant to the work of this group. 

At the councils retreat on Friday, the idea was raised that the GNSO (via the Council) should provide some discussion of the GAC Communique to the board, so that the boards response to GAC advice can be more grounded in community input. 

Would this WG have a response to the GAC advice? My initial thought is that it is difficult to know how to interpret it (what aspect of the UDRP are problematic to the GAC), but that we should seek clarification of the issues that concern the GAC. I have had offers from GAC members to explain further the points of concern. 

David

On 19 Oct 2014, at 11:24 am, Phil Corwin <psc at vlaw-dc.com> wrote:

> WG members:
>  
> On October 16th the GAC issued a Communique that is available athttps://gacweb.icann.org/download/attachments/27132037/Los%20Angeles_GAC%20Communique_Final.pdf?version=1&modificationDate=1413479079702&api=v2
>  
> On pp.6-7 of the Communique the following language relevant to the task of our WG appears:
>  
> 3.      Protection of Inter-­‐Governmental Organisation (IGO) Names and Acronyms
> a.       The GAC reaffirms its advice from the Toronto, Beijing, Durban, Buenos Aires, Singapore and London Communiqués regarding protection of IGO names and acronyms at the top and second levels, as implementationof such protection is in the public interest given that IGOs, as created bygovernments under international law, are objectively different rightholders; namely,
> i.      Concerning preventative protection at the second level, the GAC reminds the ICANN Board that notice of a match to an IGO name or acronym to prospective registrants, as well as to the concernedIGO, should apply in perpetuity for the concerned name andacronym in two languages, and at no cost to IGOs;
> ii.      Concerning curative protection at the second level, and notingthe ongoing GNSO PDP on access to curative Rights Protection Mechanisms, the GAC reminds the ICANN Board that any such mechanism should be at no or nominal cost to IGOs; andfurther, in implementing any such curative mechanism,
>  
>  
> b.      The GAC advises the ICANN Board:
> 
> i.      That the UDRP should not be amended; welcomes the NGPC'scontinued assurance that interim protections remain in place pending the resolution of discussions concerning preventativeprotection of IGO names and acronyms; and supports continueddialogue between the GAC (including IGOs), the ICANN Board (NGPC) and the GNSO to develop concrete solutions to implement long-­‐standing GAC advice. (Emphasis added)
>  
> 4.      Protection of Red Cross/Red Crescent Names
> The GAC welcomes the decision of the New gTLD Program Committee (Resolution 2014.10.12.NG05) to provide temporary protections for the names of the International Committee of the Red Cross and International Federation of Red Cross and Red CrescentSocieties, and the 189 National Red Cross and Red Crescent Societies. The GAC requests the ICANN Board and all relevant parties to work quickly to resolve the longer term issues still outstanding.
>  
> In regard to the highlighted portions of the communique, the GAC makes clear that it wants any new curative RPM to be available to IGOs at “no or nominal cost”. This leaves open the question, should our WG choose to recommend the creation of a new DRP, of whether the current costs of the URS and UDRP are viewed as falling within the “nominal” range – and, if deemed by the GAC to exceed such range, what party should assume the financial cost of subsidizing access to any new DRP by IGOs.
>  
> In regard to the GAC’s statement that “the UDRP should not be amended”, in my personal opinion this appears to be an overreaching attempt to foreclose the possibility that this WG will determine that the UDRP should in fact be amended to better accommodate the legitimate rights of IGOs, and that a new curative rights process is not advisable, and as such should be rejected at this time -- as it would only leave the option of creating a new curative RPM. ICANN and the GNSO  have responded to the GAC’s concerns in regard to IGOs by establishing this WG, but we should be free to pursue its work as its members deem best without intervening attempts by the GAC to direct us to a predetermined outcome.
>  
> Such intervention is manifestly different from the type of participation that would be welcome from IGOs and GAC members, which is contributing to our factual database and interaction in our ongoing and open dialogue. In this regard, when the Board met with the GNSO Council in Sunday, October 12th the activities of this WG were highlighted and there was dialogue concerning the intervention of Board members to encourage GAC and IGO participation. The transcript of that session is not yet available at http://la51.icann.org/en/schedule/sun-gnso-working and I would therefore solicit the assistance of ICANN staff in securing it so that we can review that discussion and follow up on it.
>  
> In conclusion, it would be useful to have feedback from WG members in regard to the relevant portions of the GAC Communique and in particular as to whether we should prepare any reply in regard to its substance as well as to solicit the participation of IGOs and GAC members in our work.
>  
> Thanks and best regards,
> Philip Corwin, Co-Chair
>  
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> Philip S. Corwin, Founding Principal
> Virtualaw LLC
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> "Luck is the residue of design" -- Branch Rickey
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