[gnso-rpm-wg] Deadline for proposals and agenda for the next Working Group call

icannlists icannlists at winston.com
Tue May 16 12:30:19 UTC 2017

I do not support Jonathan’s proposal.

This PDP needs to move forward, not backward.  We have already discussed Question #8 for weeks and we have waited for weeks for the Agmon proposal to surface on a call where it can be discussed.  It has not and there appears to be a request for several more weeks. A PDP can’t function like this where a dissenting position is supposed to arrive at any time, doesn’t, asks for postponement after postponement, and eventually asks the that the WG undo its work and push that already done work out for several month only to redo it then.  Postponing reaching an initial conclusion for months, and reopening it up again, will cost us weeks, if not months.  While I am all for allowing all voices to be heard, those voices do need to speak with some measure of alacrity that is consistent with the Workplan.

I think it is time to reach an initial conclusion on Q8, and let’s move on.  We have lots more work to do.


From: gnso-rpm-wg-bounces at icann.org [mailto:gnso-rpm-wg-bounces at icann.org] On Behalf Of Jonathan Agmon
Sent: Tuesday, May 16, 2017 12:59 AM
To: Mary Wong <mary.wong at icann.org>; claudio di gangi <ipcdigangi at gmail.com>
Cc: J. Scott Evans via gnso-rpm-wg <gnso-rpm-wg at icann.org>
Subject: Re: [gnso-rpm-wg] Deadline for proposals and agenda for the next Working Group call

In view of Claudio's proposal, I would like to support putting the TMCH question #8 on hold until the GI issue is considred substantively within the scope of the RPMs.

I would also note that I believe my proposal was presented some time ago in a call made on a Far East convenient time, but I may be wrong there. If it hasn't, since I will be flying on the 17th (to INTA) I would like to set another time for presenting my proposal. I would appreciate if we can do so after INTA around the 26 at a Far East convenient time.


[cid:image001.png at 01D2CE15.CF45AA10]

Jonathan Agmon (胡韩森)

Advocate, Director

Attorney and Counsellor at Law (admitted in New York)

jonathan.agmon at ip-law.legal<mailto:jonathan.agmon at ip-law.legal>


T SG +65 6532 2577

T US +1 212 999 6180

T IL +972 9 950 7000

F IL +972 9 950 5500

Soroker Agmon Nordman Pte Ltd.

133 New Bridge Road, #13-02, 059413 SINGAPORE

8 Hahoshlim Street P.O. Box 12425 4672408 Herzliya, ISRAEL

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From: ipcdigangi at gmail.com<mailto:ipcdigangi at gmail.com>
Sent: 15 May 2017 21:05
To: mary.wong at icann.org<mailto:mary.wong at icann.org>
Cc: gnso-rpm-wg at icann.org<mailto:gnso-rpm-wg at icann.org>
Subject: Re: [gnso-rpm-wg] Deadline for proposals and agenda for the next Working Group call

Mary, all,

Thank you for the direction provided in your recent note.

With regards to GIs, our Charter, https://gnso.icann.org/en/drafts/rpm-charter-15mar16-en.pdf, states the following:

"Examine the protection of country names and geographical indications, and generally of indications of source, within the RPMs."

In my view, this signifies that the issue of GIs is properly within scope, but if anyone feels differently I would encourage substantive feedback so we can resolve any alternative points of views on this subject.

On the basis of this charter objective, I suggest we: 1) add the consideration of GIs to the policy review of the Sunrise and Claims services; and 2) withhold final consideration of the current TMCH proposals relating to GIs, until we conclude the policy review of the new gTLD RPMs (as described in the Charter).

The Clearinghouse is a database designed to administratively support the RPMs across new gTLDs. When we conduct the policy review of the RPMs, we can assess the nature of the protections and assess whether any changes are needed to protect the rights of others, consistent with the GNSO policy recommendations on new gTLDs. The specific design of the Clearinghouse database, and the associated IP records contained therein, should be consistent with the outcome of that policy assessment.

I hope these suggestions are helpful.

Best regards,

On Fri, May 12, 2017 at 2:14 PM, Mary Wong <mary.wong at icann.org<mailto:mary.wong at icann.org>> wrote:
Apologies, that deadline for submission of proposals should (of course) be Wednesday 24 MAY 2017 (and not February!!!)

Sorry for any confusion,

From: <gnso-rpm-wg-bounces at icann.org<mailto:gnso-rpm-wg-bounces at icann.org>> on behalf of Mary Wong <mary.wong at icann.org<mailto:mary.wong at icann.org>>
Date: Friday, May 12, 2017 at 20:13
To: "gnso-rpm-wg at icann.org<mailto:gnso-rpm-wg at icann.org>" <gnso-rpm-wg at icann.org<mailto:gnso-rpm-wg at icann.org>>
Subject: [gnso-rpm-wg] Deadline for proposals and agenda for the next Working Group call

Dear all,

On behalf of the Working Group co-chairs, this note is being sent to inform you that the co-chairs would like to bring the discussions on the various open questions relating to the TMCH to a close within a reasonable period of time. This will allow us to move on to the next part of Phase One of our work, which will be to review the Sunrise and Trademark Claims RPMs. As such, please note that the co-chairs are asking that any proposal you may wish to submit on the TMCH review – including any refinement of a previously-submitted proposal and especially relating to the ongoing discussion on design marks, GIs and expanding the “identical match” test – should be sent to this mailing list no later than Wednesday 24 February 2017.

For the next Working Group meeting, scheduled for Wednesday 17 May, here is the proposed agenda:

1.      Roll call (via Adobe Connect and phone bridge only); updates to Statements of Interest

2.      Progress reports from the chairs of the Sunrise and Trademark Claims Sub Teams

3.      Continue discussion of open TMCH questions:

•         Geographical Indications (with the opportunity for Jonathan Agmon or his designee to present his proposal, being the only proposal that has not yet been presented to the group at a meeting)

•         Expanding the “identical match” test

•         [if time permits Design marks

4.      Next steps/next meeting

Please note also that there will not be a Working Group meeting the following Wednesday, 24 May, since many Working Group members will be at the International Trademark Association Annual Meeting.

Thanks and cheers

gnso-rpm-wg mailing list
gnso-rpm-wg at icann.org<mailto:gnso-rpm-wg at icann.org>

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