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

[Mike Rodenbaugh]

I am opposed to both proposals for reasons previously stated.  Seems to be
a non-solution to a non-problem, which in effect is only likely to create
more problems and less certainty for applicants and ICANN.

Mike Rodenbaugh
RODENBAUGH LAW
tel/fax:  +1.415.738.8087
http://rodenbaugh.law


On Mon, Sep 2, 2019 at 4:12 AM Emily Barabas <emily.barabas at icann.org>
wrote:

> 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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