[ispcp] WG: Trademark Clearinghouse "Strawman Solution" - Public comment 30 November - 21 December 2012

Tue Dec 4 11:36:43 UTC 2012

Mikey – would you be willing to have a crack at this?

Having attended the recent meetings you’re probably closest to the issues.

Regards

tony

From: owner-ispcp at gnso.icann.org [mailto:owner-ispcp at gnso.icann.org] On
Behalf Of KnobenW at telekom.de
Sent: 04 December 2012 11:01
To: ispcp at icann.org
Subject: [ispcp] WG: Trademark Clearinghouse "Strawman Solution" - Public
comment 30 November - 21 December 2012

Do we have somebody voluntarily taking the lead in drafting an ISPCP
comment?

Best regards 
Wolf-Ulrich  

  _____  

Von: owner-council at gnso.icann.org [mailto:owner-council at gnso.icann.org] Im
Auftrag von Glen de Saint Géry
Gesendet: Montag, 3. Dezember 2012 19:33
An: council at gnso.icann.org
Betreff: [council] Trademark Clearinghouse "Strawman Solution" - Public
comment 30 November - 21 December 2012

http://www.icann.org/en/news/announcements/announcement-30nov12-en.htm

Trademark Clearinghouse "Strawman Solution"

Comment/Reply Periods (*)

Important Information Links

Comment Open:

30 November 2012

Comment Close:

21 December 2012

Close Time (UTC):

23:59 UTC

Public Comment Announcement
<http://www.icann.org/en/news/announcements/announcement-30nov12-en.htm> 

Reply Open:

22 December 2012

 <mailto:tmch-strawman at icann.org> To Submit Your Comments (Forum)

Reply Close:

11 January 2013

View Comments Submitted <http://forum.icann.org/lists/tmch-strawman/> 

Close Time (UTC):

23:59 UTC

Report of Public Comments

Brief Overview

Originating Organization:

ICANN Staff

Categories/Tags:

*	Top-level Domains 
*	Intellectual Property

Purpose (Brief):

The Trademark Clearinghouse facilitates the protection of trademark rights
during the initial allocation and registration periods for domain names in
new generic top level domains (new gTLDs). All new gTLD registries will be
required to use Clearinghouse data to ensure that a set of mandatory
trademark rights protection mechanisms are applied to all new domain
registrations occurring in at least the first 90 days of domain
registration.

Following discussions at the Toronto meeting, ICANN met with a group of
stakeholder representatives to complete implementation discussions on the
Trademark Clearinghouse and its associated rights protection mechanisms.
Among other subjects, these implementation meetings addressed the recent
<http://newgtlds.icann.org/en/program-status/correspondence/metalitz-to-prit
z-17oct12-en.pdf> IPC/BC proposal for Improvements and Enhancements to the
RPMs for new gTLDs [PDF, 68 KB].

Out of discussions evaluating the merits of these recommendations, the group
produced at a strawman solution to address the concerns of affected
stakeholders. This strawman solution is being posted for public comment.

One element of the IPC/BC proposal that was not included in the strawman
solution concerned a proposal for a "Limited Preventative Registration"
mechanism, which attempts to address concerns related to solutions to the
second level defensive registration issue that did not achieve consensus
among the participants in the implementation meetings. Although this revised
proposal is not included in the strawman solution, this proposal is also
being posted for public comment to determine whether it should also be
considered along with the strawman solution.

Current Status:

The Strawman Proposal is the result of collaboration among the participants
of the post-Toronto TMCH implementation meetings. The Limited Preventative
Registration Proposal is developed by and supported by the BC/IPC. In
addition to the public comment period, ICANN is also seeking policy
implementation guidance from the GNSO Council in relation to both of these
proposals.

Next Steps:

Comments will be summarized and analyzed, and revisions to the relevant
procedures may be considered based on the feedback received in this public
comment period and from the GNSO Council.

Staff Contact:

Karen Lentz

Email:

karen.lentz at icann.org
<mailto:karen.lentz at icann.org?subject=More%20information%20on%20the%20%20Tra
demark%20Clearinghouse%20Strawman%20Solution%20public%20comment%20period> 

Detailed Information

Section I: Description, Explanation, and Purpose

Out of the recent Clearinghouse implementation discussions, a strawman
solution has been produced to balance and address the concerns of affected
stakeholders. This strawman solution is being posted for public comment.
This includes:

*	A requirement for 30 days notice in advance of each new gTLD sunrise
period. 
*	An extension of the required Trademark Claims service to the first
90 days of general registration. 
*	A lightweight "Claims 2" period of 6-12 months that is an additional
fee-based option for rights holders. 
*	Inclusion of domain names previously determined to have been
abusively registered or used in both Trademark Claims services.

One element of the IPC/BC proposal that was not included in the strawman
solution concerned a proposal for a "Limited Preventative Registration"
mechanism. This revised mechanism is proposed by the IPC/BC to address
concerns related to solutions for second level defensive registrations that
did not achieve consensus among the participants in the implementation
meeting. The Limited Preventative Registration proposal is also being posted
for public comment to determine whether it should be considered along with
the strawman solution.

Section II: Background

The Trademark Clearinghouse facilitates the protection of trademark rights
during the initial allocation and registration periods for domain names in
new generic top level domains (new gTLDs). All new gTLD registries will be
required to use Clearinghouse data to ensure that a set of mandatory
trademark rights protection mechanisms are applied to all new domain
registrations occurring in at least the first 90 days of domain
registration. These mechanisms are described in the
<http://newgtlds.icann.org/en/applicants/agb> Applicant Guidebook for new
gTLD applicants.

Following discussions at the Toronto meeting, ICANN met with a group of
stakeholder representatives to complete implementation discussions on the
Trademark Clearinghouse and its associated rights protection mechanisms.
Among other subjects, these implementation meetings addressed the recent
<http://newgtlds.icann.org/en/program-status/correspondence/metalitz-to-prit
z-17oct12-en.pdf> IPC/BC proposal for Improvements and Enhancements to the
RPMs for new gTLDs [PDF, 68 KB].

Section III: Document and Resource Links

Public Comment is being sought on the following documents:

*
<http://newgtlds.icann.org/en/about/trademark-clearinghouse/strawman-solutio
n-29nov12-en.pdf> Summary of TMCH Strawman Solution [PDF, 254 KB] 
*
<http://newgtlds.icann.org/en/about/trademark-clearinghouse/ipc-bc-proposal-
lpr-30nov12-en.pdf> Description of the IPC/BC Proposal for Limited
Preventative Registrations [PDF, 26 KB]

Section IV: Additional Information

*
http://blog.icann.org/2012/11/building-a-secure-and-reliable-trademark-clear
inghouse/ 
*	http://blog.icann.org/2012/11/trademark-clearinghouse-update/ 
*
http://blog.icann.org/2012/11/a-follow-up-to-our-trademark-clearinghouse-mee
tings/ 
*
<http://newgtlds.icann.org/en/program-status/correspondence/metalitz-to-prit
z-17oct12-en.pdf>
http://newgtlds.icann.org/en/program-status/correspondence/metalitz-to-pritz
-17oct12-en.pdf [PDF, 68 KB] 
*	 <http://newgtlds.icann.org/en/about/trademark-clearinghouse>
http://newgtlds.icann.org/en/about/trademark-clearinghouse 
*	 <http://newgtlds.icann.org/en/applicants/agb>
http://newgtlds.icann.org/en/applicants/agb

(*) Comments submitted after the posted Close Date/Time are not guaranteed
to be considered in any final summary, analysis, reporting, or
decision-making that takes place once this period lapses.

Glen de Saint Géry 

GNSO Secretariat 

gnso.secretariat at gnso.icann.org 

http://gnso.icann.org

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