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

Hong Xue hongxueipr at gmail.com
Tue Oct 16 14:17:08 UTC 2012

Thanks, Avri, very timely and efficient. I made a few edit at the
request part. Please see below.


> https://community.icann.org/display/atlarge/Letter+Regarding+Registry+SG+DIDT+on+TMCH
> 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.

[Hong] I paraphrased the ICANN's Response and shortened the second
part. I will place the original expression back to avoid any
> 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.

[Hong] Seeking information on intellectual property rights affect or
impact ICANN's decision and selection of TMCH providers. Legally,
except trade secrets, intellectual property rights, including Patents,
Copyright, Trademarks, should be publicly disclosed either for
subsistence or exercise. If any intellectual property right affects or
impacts ICANN's decision or selection, it shall be disclosed to the
community in due course, rather than kept in secrecy.

>         • Why specific information business model information cannot be redacted, allowing for disclosure of other relevant information.

[Hong] Seeking information on whether ICANN (and its community) is
appropriately licensed on royalty-free or RAND
(reasonable-and-non-discriminatory) basis by the relevant intellectual
property owners.

>         • At what point the patents and patents pending will be disclosed.

[Hong] Seeking information on whether ICANN is developing necessary
intellectual property policy in decision-making and procurement

> 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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Professor Dr. Hong Xue
Director of Institute for the Internet Policy & Law (IIPL)
Beijing Normal University
19 Xin Jie Kou Wai Street
Beijing 100875 China

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