[GNSO-RPM-WG] TMCH Proposal 7

Michael Karanicolas mkaranicolas at gmail.com
Mon Aug 3 20:13:05 UTC 2020


Hi all,

Further to our previous discussions, please see revised language for
proposal #7, with the aim of addressing concerns associated with an open
and searchable model, and in particular the need to mitigate the potential
for misuse of information in the database:

*ICANN should develop a limited system for reviewing TMCH records,
accessible to a limited subset of certified applicants, such as
intellectual property enforcement authorities, academic or civil society
researchers, auditors, and other parties with a legitimate research
interest in accessing information to affirm the functioning and scope of
the TMCH. This includes searching for registrations which have subsequently
deemed to be inadmissible to the TMCH database (i.e. geographic
indicators), improper registrations, and general auditing of the
functioning of the TMCH and the database used for sunrise and trademark
claims notices. Access may be predicated on the fulfillment of particular
requirements and safeguards to ensure that the information gathered is not
used in a way which facilitates cybersquatting or other breaches of
intellectual property rights, such as a written commitment to only use the
information for permissible purposes.*

Best,
Michael
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