[council] GNSO Council Resolutions passed on 28 October 2009

[Glen de Saint Géry]

Dear All,

Ahead of the official minutes, the following motions were passed at the GNSO Council meeting in Seoul today, 28 October 2009.

1. Motion to adopt updated GNSO Council Procedures =================================================

Moved by: Wolf-Ulrich Knoben
Seconded by: Chuck Gomes

Whereas

The OSC, and its Operations Work Team, produced an updated version of the GNSO Council Operating Procedure that were in line  with the Board update of the ByLaws related to the structure of the GNSO,

and the update was submitted to a period of Public Comment extending from 25 September 2009 until 16 October 2009,

and the comments have been analyzed and discussed by the GNSO council

Resolved

The GNSO Council Operating Procedures defined in http://gnso.icann.org/drafts/draft-gnso-operating-procedures-24sep09-en.pdf are accepted with the following proviso:

Paragraph 4.2, dealing with the subject of counting of abstentions, is approved only as an interim solution. The GNSO Council Operations Work Team (GCOT) is requested to review this item and recommend a further solution by Nov 25, 2009


These updated Council Procedures will be in force once approved and will be forwarded to the ICANN Board of Directors for review.


2. GNSO Council Chair election
===========================
http://gnso.icann.org/announcements/announcement-28oct09-en.htm

The GNSO Council is delighted to announce the election of Chuck Gomes as Chair, Olga Cavalli as interim Vice Chair of the Non Contracted Parties House and Stéphane Van Gelder as Vice Chair of the Contracted Parties House. The permanent Vice Chair of the Non Contracted Parties House will be communicated in the next few weeks.

The Council wishes to thank the outgoing Chair Avri Doria for her years of outstanding service and dedication. It is our feeling that the Council, the GNSO and the ICANN Community in general have been very fortunate to have Avri work so hard and so selflessly as Chair of the GNSO Council.

3. Motion on Selected Trademark Issues from the ICANN Board of Directors ========================================================================

Motion by: Adrian Kinderis
Seconded by: Tim Ruiz

WHEREAS, the ICANN Board has requested that the GNSO Council evaluate certain ICANN staff implementation proposals for the protection of trademarks in new gTLDs based in part on the recommendations from the IRT, public comments, and additional analysis undertaken by ICANN Staff, as described in the letter dated 12 October 2009 Letter from Rod Beckstrom & Peter Dengate Thrush to GNSO Council.

WHEREAS, the ICANN Board letter requests the GNSO Council's view by December 14, 2009 on whether certain rights protection mechanisms for second level strings recommended by ICANN Staff based on public input are consistent with the GNSO Council's proposed policy on the introduction of new gTLDs, and are the appropriate and effective options for achieving the GNSO Council's stated principles and objectives;

WHEREAS, the GNSO Council has reviewed the ICANN Board letter and desires to approve the procedures for conducting such evaluation;

NOW THEREFORE BE IT RESOLVED that the GNSO Council adopts the following process to conduct the evaluation requested by the Board:

1. A GNSO Review Team will be comprised of representatives designated as follows: the Registrar and Registry Stakeholder Groups with two (2) representatives each, the Commercial Stakeholder Groups and the Non-Commercial Stakeholder Groups with four (4) representatives each, At-Large with one (1) representative, one representative from the Nominating Committee Appointees(1) and the Government Advisory Committee (GAC) with one (1) observer. Alternate members may participate in case of absence of the designated representatives;

2. Each of the Stakeholder Groups will solicit from their members their initial position statements on the questions and issues raised by the ICANN Board letter and the ICANN Staff proposed models for the implementation of the Trademark Clearinghouse and Uniform Rapid Suspension model, and will deliver their initial position statements on November 4, and with final position statements to be delivered by November 6, 2009;

3. Such position statements will be summarized by ICANN Staff and distributed to the GNSO Review Team to evaluate whether a consensus can be reached on the ICANN Staff implementation models or other proposals for the protection of trademarks in the New gTLD Program; and

4. The GNSO Review Team will conduct its analysis, identify those areas where consensus has already been reached, and seek to develop consensus on those issues for which consensus could not be determined. (The assistance of members of the IRT in answering questions about the IP Clearinghouse and Uniform Rapid Suspension System recommendations may be useful to this work. The GNSO Council requests that members of the IRT who worked on those recommendations be available to answer any such questions that may arise), and

5. The GNSO Review Team will provide a final report to the GNSO Council on or before the GNSO council's meeting in late November, 2009.

Please let me know if you have any questions.
Thank you.
Kind regards,

Glen

Glen de Saint Géry
GNSO Secretariat
gnso.secretariat at gnso.icann.org
http://gnso.icann.org