[GTLD-WG] Letter Regarding Registry SG DIDT on TMCH

Avri Doria avri at acm.org
Tue Oct 16 13:21:05 UTC 2012


This is a follow-up on the agreement of the room on submitting a recommendation to ALAC on the issuance of a statement/question. 

Hong submitted some initial text that I took liberties with.  I have created a wiki page with the statement, that is also included in this email.

One of the liberties I took was to add some of the content I think I caught during the discussions in the meeting.

I am sure it is full of typos.
Please also review for content.
Hong: please make sure I did not lose your content and meaning in making my changes.

If we want a vote while in Toronto, I need to send this to ALAC Chair by Thursday Morning.  

I, therefore, ask for 24 hour review on this request. I will make any changes to the text in the Wiki as needed.  If there are substantive changes, I will restart the 24 hr clock once I make the changes on the wiki.  If it looks like we have ANgWG consensus on it sometime Wednesday, I will submit it to the ALAC Chair.  If we can't reach consensus on something that has sat without substantive change for 24 hours, then I will not submit until we have reached such an annealing point.



In August 2012 the Registry Stakeholder Group filed a DIDP requesting all documents relating to

	• any claims alleging ownership of intellectual property rights made by any bidder or bidders [for TMCH] responding to the RFI, including but not limited to claims of copyright in data or compilations of data,  patents, trademarks or trade secrets; and
	• any analysis regarding validity of these claims.
In September 2012 ICANN responded that:

Regarding this item, to the extent that bidders made claims of ownership of intellectual property rights associated with the proposed operation of the Trademark Clearinghouse, those materials are subject to the same conditions of non-­disclosure identified in conjunction with Documents on cost and financial models regarding the operation of TMCH. Regarding claims of ownership of intellectual property rights arising out of the operation of TMCH are being negotiated and will be published in the finalized agreement later.

ALAC wishes to request further information on the following:

	• Further clarification on the information being given the protection of non-disclosure. Normally Intellectual Property rights are protected with public assertion and Trademarks and other rights with Patents and Patents Pending.  Since the information in those processes affect the operation of a critical ICANN process we do not understand why this information is being given this level of shielding.
	• Why specific information business model information cannot be redacted, allowing for disclosure of other relevant information.
	• At what point the patents and patents pending will be disclosed.

ALAC would further like to advise that ICANN needs to implements a comprehensive IETF-like IPR policy as soon as possible.

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