[council] Amended Motion to Approve the Alternative Proposal recommended by the Special Trademark Issues Review Team

[Gomes, Chuck]

After discussion with several people, in anticipation of possible action
in our Council meeting tomorrow, I made some changes to the previously
distributed and posted draft motion regarding the Alternative Proposal
recommended by the Special Trademark Issues Review Team.  To make it
easy to see the changes I made, I attached a redline version.  I also
copied the amended motion below.
 
Note that we still need someone to make this motion or another one and
then someone to second it.  Because the motion has not been formally
made, there does not appear to be a need to ask whether my proposed
amendments are friendly.  Clearly, anyone who makes a motion may rewrite
it however they like.  The purpose of providing a draft motion was to
facilitate the process.
 
Glen - please post the amended motion in front of the original motion.
 
Chuck
 
 
 

Motion to Approve the Alternative Proposal recommended by the Special
Trademark Issues Review Team (Amended 16 Dec 09)


Whereas, on 12 October 2009, the ICANN Board sent a letter
(
http://gnso.icann.org/correspondence/beckstrom-to-gnso-council-12oct09-e
n.pdf ) to the GNSO requesting its review of the policy implications of
certain trademark protection mechanisms proposed for the New gTLD
Program;

Whereas, in response to the Board's letter, on 28 October 2009 the GNSO
created the Special Trademarks Issues (STI) review team to analyze the
specific rights protection mechanisms that have been proposed for
inclusion into the Draft Applicant Guidebook;

Whereas, on 11 December 2009, the STI Review Team delivered its Report
(link: http://gnso.icann.org/issues/) to the GNSO Council describing an
alternative proposal to address trademark concerns in the New gTLD
Program that was supported by a consensus of its members;

Whereas, the GNSO has reviewed the STI Report, and the minority reports
included therein, and desires to approve the alternative proposal
recommended by the STI review team;

NOW THEREFORE, BE IT:

RESOLVED, that the GNSO appreciates the hard work and tremendous effort
shown by each member of the STI review team in developing the STI
alternative proposal on an expedited basis;

RESOLVED, that the GNSO hereby approves the overall package of
recommendations contained in the STI Report, and resolves that the STI
proposal to create a Trademark Clearinghouse and a Uniform Rapid
Suspension procedure as described in the STI Report is a more effective
and implementable solution than the Staff proposal described in the
Draft Applicant Guidebook Version 3 and its accompanying memoranda;

RESOLVED FURTHER, that the GNSO Council directs Staff to forward the
recommendations to the Board in response to its 12 October 2009 letter 
(
http://gnso.icann.org/correspondence/beckstrom-to-gnso-council-12oct09-e
n.pdf) and acknowledges that the STI report will be posted as soon as
possible for a forty-five (45) day public comment period to allow the
ICANN community to comment on the STI recommendations prior to
finalization of the model to be included in the Draft Applicant
Guidebook.

 

 

 

 

 

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