[Gnso-rpm-tmch] Notes and action items from the TMCH Sub Team call held earlier today

[Mary Wong]

Dear all,

Here are the staff notes and action items from the Sub Team call held earlier today. For your convenience, we have categorized them into three main tasks, as you’ll see below: (1) the Sub Team’s report to the full WG next week; (2) the agreed activity for the Sub Team between now and our next call next Friday; and (3) additional staff work (besides the initial data gathering work we describe under (1) – for that, please look for a draft preliminary Sub Team report shortly.)


1.       The Sub Team will make a preliminary report to the full Working Group regarding the status of its work at the next Working Group (WG) meeting on Wednesday 10 August. In preparation for that report, please note the following:


·         Sub Team members are requested to review the Notes from the Sub Team meeting with the Analysis Group and provide any suggested changes or comments by 12:00 UTC on Tuesday 9 August. This will allow us to send the report to the WG a day prior to the WG call. The Notes (as sent to the full WG last week) are attached and are also available on the Sub Team wiki: https://community.icann.org/x/eQ2bAw.

·         Staff will draw up a brief report for the Sub Team’s review by Monday 8 August.

·         The report will cover the following three areas:


a)       Request for clarification from the WG about the scope of the task of the Sub Team:
In this respect, staff notes that early WG conversations about setting up the Sub Team had included the possibility that the Sub Team would go out to the relevant providers for basic data, e.g. the TMCH for number of trademarks registered, number of trademark holders that used the “TM+50” mechanism, number of trademark holders that used the “extended registration” period, etc. As a result of the call today, our understanding is that the Sub Team will focus on what data is publicly available – in that respect, it may be that many of these questions can be answered by publicly available data.

NOTE: One follow-up question that staff had for the Sub Team is whether, by “publicly available”, the Sub Team means only information, documents and materials that have been published or that are otherwise available for public access (e.g. through a Google search), or whether the term also encompasses information that already exists and that can be made available on request (e.g. completed studies and reports that are not published or otherwise available via public access).


b)       Report on the scope of the initial data gathering work:
The staff understanding from the call today is that, based on the Sub Team’s suggestions on possible public sources, staff will gather and retrieve the necessary documents, information and materials from those sources. Each document will be posted to or linked from the WG wiki space, and a bibliography may be prepared depending on the number and type of documents. Staff will review the documents for any relevant data that staff will then extract, from which review staff will prepare a summary for the Sub Team. Analysis of the data and other relevant information from the materials will be performed by the Sub Team.

As an initial exercise, staff will begin review of data from the following publicly available sources: (i) presentations and webinars given by Deloitte/IBM; (ii) the TMCH monthly reports to ICANN; and (iii) other existing public documents known to staff (e.g. public comment reports, GAC advice, scorecards and implementation notes, TMCH-related reports such as the RPM Staff Paper, and the Analysis Group’s report). Another possible source of data could be the monthly registry and registrar reports to ICANN – for these, Policy Staff will need to coordinate with our GDD colleagues (see further below).


c)       Report on discussion with the Analysis Group:
Staff will attach the final note on this call after the Sub Team has provided any additional comments, as noted above.


2.       Between now and the next Sub Team call next Friday, the Sub Team will continue to generate and discuss questions for which additional data gathering can be done.


·         Kristine Dorrain will follow up with a note to the list on this topic.

·         To kickstart this discussion, Sub Team members may wish to refer to the WG Charter questions and additional questions that have been suggested by the community (attached as incorporated into the Updated Scoping Document)

·         Sub Team members may also consider whether it will be useful, when we get the initial data from the staff report, to note which questions can be answered at least in part by the data we have, which may require additional data that can be gathered, and which may require much more analysis and/or hard to find data


3.       In addition to the initial data gathering (above), policy staff will continue to coordinate with our GDD colleagues to see what additional data can be shared from the TMCH.


·         As noted on the call, this may take some time due to staff being out of the office for much of August.

·         To the extent that the Sub Team or WG wishes to obtain additional data from the TMCH providers at some point, it was noted on the call that requests should be sent as early as possible. Although the providers are very keen to collaborate and have been helpful throughout the New gTLD Program, it takes a bit of time for them to provide responses to requests.

·         For the monthly registry and registrar reports, policy staff will consult GDD staff to find out which, if any, reported data is likely to be relevant to RPM review.

·         A reason why some data may not be available or easily shared with the WG is contractual arrangements and NDAs.

We hope the above set of notes and action items is accurate and helpful. The recording, transcript and Adobe Connect chat from the call today will be posted to the Sub Team wiki space as soon as each comes available: https://community.icann.org/x/UQCsAw.

Thanks and cheers
Mary


Mary Wong
Senior Policy Director
Internet Corporation for Assigned Names and Numbers (ICANN)
Email: mary.wong at icann.org
Telephone: +1-603-5744889





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