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

Hong Xue hongxueipr at gmail.com
Wed Oct 17 20:51:53 UTC 2012


Thanks, Alan, you may wish to edit the content directly on the wiki.


>
> 1. the first bullet does not seem to be a request for information, but a
> statement of advice.
> 2. the expression "for subsistence or exercise" is not one I am familiar
> with. Google found just 3 occurrences (which did not relate to weight loss),
> but they did not illuminate things a lot. Is it possible to use an
> expression that is in more common use, or at least have someone explain to
> me what it means?

Sufficient disclosure of the technical solution in any given patent
application is a prerequisite to grant the patent. All the patents
must be made available to the public so as to subsist. Copyright and
Trademark are meaningless until used publicly.


>
> Alan
>
>
> At 17/10/2012 03:20 PM, Hong Xue wrote:
>>
>> Hi, Alan, that was only in the old version.
>>
>> Please refer to the updated version on wiki at
>>
>> https://community.icann.org/display/atlarge/Letter+Regarding+Registry+SG+DIDT+on+TMCH
>>
>> Hong
>>
>> On Thu, Oct 18, 2012 at 3:11 AM, Alan Greenberg
>> <alan.greenberg at mcgill.ca> wrote:
>> > In the bullet, "Why specific information business
>> > model information cannot be redacted, allowing
>> > for disclosure of other relevant information.", is that what we really
>> > mean?
>> >
>> > Sure unredacted or revealed. As is it seems to be
>> > asking for information to be hidden.
>> >
>> > Or am I mis-reading??
>> >
>> > Alan
>> >
>> > At 17/10/2012 11:49 AM, Avri Doria wrote:
>> >>Hi,
>> >>
>> >>re:
>> >>https://community.icann.org/display/atlarge/Le
>> >> tter+Regarding+Registry+SG+DIDT+on+TMCH
>> >>(plain text version below for anyone who cannot access a wiki)
>> >>
>> >>Thanks for the changes.
>> >>
>> >>It is now 24 hours without change.
>> >>
>> >>Last call: does anyone have an issue with my
>> >>sending this onto the ALAC for approval?
>> >>
>> >>Thanks
>> >>
>> >>avri
>> >>
>> >>On 16 Oct 2012, at 11:15, Hong Xue wrote:
>> >>
>> >> > Done.
>> >> >
>> >> > Hong
>> >> >
>> >> > On Tue, Oct 16, 2012 at 10:56 PM, Avri Doria <avri at acm.org> wrote:
>> >> >> Hi,
>> >> >>
>> >> >> Can you make the changes on the Wiki page to be exactly what you
>> >> >> want?
>> >> >>
>> >> >> thanks
>> >> >>
>> >> >> avri
>> >> >>
>> >> >> On 16 Oct 2012, at 10:17, Hong Xue wrote:
>> >> >>
>> >> >>> Thanks, Avri, very timely and efficient. I made a few edit at the
>> >> >>> request part. Please see below.
>> >> >>>
>> >> >>> Hong
>> >> >>>
>> >> >>>>
>> >> >>>>
>> >>
>> >> 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
>> >> >>> misunderstanding.
>> >> >>>>
>> >> >>>> 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
>> >> >>> process.
>> >> >>>
>> >> >>>>
>> >> >>>> ALAC would further like to advise that
>> >> ICANN needs to implements a comprehensive
>> >> IETF-like IPR policy as soon as possible.
>> >> >>>> _______________________________________________
>> >> >>>> GTLD-WG mailing list
>> >> >>>> GTLD-WG at atlarge-lists.icann.org
>> >> >>>> https://atlarge-lists.icann.org/mailman/listinfo/gtld-wg
>> >> >>>>
>> >> >>>> Working Group direct URL:
>> >> https://community.icann.org/display/atlarge/New+GTLDs
>> >> >>>
>> >> >>>
>> >> >>>
>> >> >>> --
>> >> >>> Professor Dr. Hong Xue
>> >> >>> Director of Institute for the Internet Policy & Law (IIPL)
>> >> >>> Beijing Normal University
>> >> >>> http://www.iipl.org.cn/
>> >> >>> 19 Xin Jie Kou Wai Street
>> >> >>> Beijing 100875 China
>> >> >>>
>> >> >>
>> >> >
>> >> >
>> >>
>> >>
>> >>---Text ---
>> >>
>> >>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:
>> >>
>> >>         • 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.
>> >>         • whether ICANN (and its community) is
>> >> appropriately licensed on royalty-free or RAND
>> >> (reasonable-and-non-discriminatory) basis by
>> >> the relevant intellectual property owners.
>> >>         • whether ICANN is developing necessary
>> >> intellectual property policy in decision-making or contract
>> >> negotiation.
>> >>
>> >>ALAC would further like to advise that ICANN
>> >>needs to implement a thoughtful and
>> >>comprehensive intellectual property policy in
>> >>which public interest is properly secured. In
>> >>this regard, IETF's intellectual property policy sets a good example.
>> >>_______________________________________________
>> >>GTLD-WG mailing list
>> >>GTLD-WG at atlarge-lists.icann.org
>> >>https://atlarge-lists.icann.org/mailman/listinfo/gtld-wg
>> >>
>> >>Working Group direct URL:
>> >>https://community.icann.org/display/atlarge/New+GTLDs
>> >
>> >
>> > _______________________________________________
>> > GTLD-WG mailing list
>> > GTLD-WG at atlarge-lists.icann.org
>> > https://atlarge-lists.icann.org/mailman/listinfo/gtld-wg
>> >
>> > Working Group direct URL:
>> > https://community.icann.org/display/atlarge/New+GTLDs
>>
>>
>>
>> --
>> Professor Dr. Hong Xue
>> Director of Institute for the Internet Policy & Law (IIPL)
>> Beijing Normal University
>> http://www.iipl.org.cn/
>> 19 Xin Jie Kou Wai Street
>> Beijing 100875 China
>
>



-- 
Professor Dr. Hong Xue
Director of Institute for the Internet Policy & Law (IIPL)
Beijing Normal University
http://www.iipl.org.cn/
19 Xin Jie Kou Wai Street
Beijing 100875 China



More information about the GTLD-WG mailing list