[Gnso-newgtld-wg-wt5] Topic Follow-Up - Additional Categories of Terms Not Included in the 2012 Applicant Guidebook

[Emily Barabas]

Sent on behalf of the WT5 Co-Leaders:


Dear Work Track 5 members,

This email follows up on agenda item 2 covered on last week’s WT5 call: Closure of Discussion on Additional Categories of Terms Not Included in the 2012 Applicant Guidebook (agenda, notes, recording and slides available here: https://community.icann.org/x/f6ujBg).

On the call, the WT discussed two proposals (see attached) that require governments to be contacted if applications are submitted for certain strings. The first proposal includes adjectival forms of country names and other terms with geographic meaning. The second proposal focuses only on exact matches of adjectival forms of country names. Based on discussion on the call and mailing list, it appears that there is some support for and no significant opposition to a contact requirement in the case of adjectival forms of country names. Different views were expressed on requiring government contact in the case of additional terms.

On the call, it was discussed that one possible path forward is to have a contact requirement in the case of adjectival forms of country names and a best practice to contact governments for the additional terms specified proposal 1. To help start discussion on whether this may achieve support from the group, sample text for such a proposal is included below. Members are encouraged to provide feedback on whether this is something they could support or accept in principle. Exact wording can be adjusted if there appears to be sufficient support on the concept of a proposal “1.5”.

On this week’s call, we will discuss the feedback received on the mailing list and seek to determine if either proposal 2 or a formulation of proposal 1.5 may be an acceptable path forward. The goal is to close discussion on the topic of Additional Categories of Terms Not Included in the 2012 Applicant Guidebook this week.

Kind regards,
WT5 Co-Leaders
Olga Cavalli, Annebeth Lange, Javier Rúa-Jovet, Martin Sutton


For Discussion – Proposal 1.5

Part A:

Affected strings: Exact matches of adjectival forms of country names (as set out in the ISO 3166-1 list), in the official language(s) of the country in question. The adjectival forms of country names shall be found on the World Bank Country Names and Adjectives list (World Bank List <https://siteresources.worldbank.org/TRANSLATIONSERVICESEXT/Resources/CountryNamesandAdjectives.doc [siteresources.worldbank.org]<https://urldefense.proofpoint.com/v2/url?u=https-3A__siteresources.worldbank.org_TRANSLATIONSERVICESEXT_Resources_CountryNamesandAdjectives.doc&d=DwMGaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=mBQzlSaM6eYCHFBU-v48zs-QSrjHB0aWmHuE4X4drzI&m=bMB3G-NujRTLfV1PRKN3jynz0SA-igAn7rLipatWVGI&s=0OREfAeXcAR4VsYcLCanwZmHAZ0OM82_pDbDVJjHItk&e=>>).

Requirement for applicants: Applicants will be under an obligation to contact the relevant public authorities. Said obligation to contact must be fulfilled, at the latest, in the period between applications closing and reveal day, but an applicant may choose to notify earlier than this. Said obligation to put on notice the relevant public authorities may be performed in an automatized fashion by ICANN Org, if the applicant so wishes.

Requirement for governments: GAC or UN Members must provide relevant contact details of the relevant public authorities to ICANN at least three (3) months in advance of the opening of each application window.

Part B:

Affected strings: Other terms with geographic meaning, as notified by GAC Members or other UN Members to the ICANN Organization within a deadline of 12 months following the adoption of this proposal. In such notifications the interested countries must provide the source in national law for considering the relevant term as especially protected; The list of notified terms shall be made publicly available by ICANN Org.

Best practice for applicants: Applicants are encouraged to consider proceeding with a voluntary notification to the relevant public authorities.
Requirement for governments: Interested GAC or UN Members must provide relevant contact details of the relevant public authorities to ICANN at least three (3) months in advance of the opening of each application window.


Applying to both Part A and Part B:

No further legal effect: There is no further obligation whatsoever arising from these provisions and they may not be construed as requiring a letter of non-objection from the relevant public authority. Nothing in these provisions may be construed against an applicant or ICANN Org as an admission that the applicant or ICANN Org believes that the Affected String is geographical in nature, is protected under law, or that the relevant government has any particular right to take action against an application for the TLD consisting of the Affected String.


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