[council] Regarding ICANN President's working group on WIPO-II recommendations

Bruce Tonkin Bruce.Tonkin at melbourneit.com.au
Fri Aug 15 04:40:22 UTC 2003

Hello All,

As the Council agreed 14 hours ago, each constituency is asked to
nominate one person to join the President's working group on the WIPO-II
recommendations on behalf of the GNSO.

Please aim to nominate this person within the next 14 to 30 days, and
notify the GNSO Secretariat.

The background behind the request (complete with whereas clauses) is
attached below.

Bruce Tonkin

From: http://www.icann.org/minutes/minutes-02jun03.htm

Whereas, the World Intellectual Property Organization (WIPO) sent ICANN
a letter dated 21 February 2003 providing information about two
decisions, concerning recommendations about the names and acronyms of
International Intergovernmental Organizations and about the names of
countries, which WIPO member states requested be transmitted to ICANN;

Whereas, in resolution 03.22 the Board requested the President to inform
the Governmental Advisory Committee, the Supporting Organizations, and
the other Advisory Committees of the 21 February 2003 letter from WIPO
and to invite their comments;

Whereas, advice and comments were received from the At-Large Advisory
Committee (ALAC), the GNSO Council, the Governmental Advisory Committee
(GAC), and the Intellectual Property Interests and the Commercial and
Business Users Constituencies of the GNSO;

Whereas, the Board has considered the advice and comments received, as
well as the discussion and analysis in the 1 June 2003 General Counsel's
Briefing Concerning Policy-Development Process on WIPO-2

Resolved [03.83] that the President is directed to form, in consultation
with the chairs of the GNSO Council, the ALAC, and the GAC, a working
group including participants in the GNSO, the ALAC, and the GAC as well
as Board members, for the purpose of analyzing the practical and
technical aspects of implementing the WIPO recommendations, and notably
the implications for the UDRP; and

Further resolved [03.84] that the President and General Counsel are
directed to investigate and analyze legal aspects of the relationship
between ICANN's mission and the recommendations conveyed by the 12
February 2003 letter from WIPO, and to report to the Board and to the
working group formed under resolution 03.83 on the result of that
investigation and analysis. Among topics to be considered should be
whether implementation of the WIPO recommendations would require ICANN
to prescribe adherence to normative rules, not based on established
laws, for the resolution of competing third-party claims to rights to
register names. 

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