[council] RE: Invitation to the GNSO - GAC Community Session on Protection of Geographic Names

Tue Feb 10 09:55:55 UTC 2015

Dear Jonathan, Council colleagues,

Thank you. In preparation, I have listed the key points from the comments submitted by the BC, ISPCP, RySG and IPC (drawn directly from summaries in the document, where these were included) and set these out below. I interpret our role on the panel to be pointing to the comments submitted by these 4 groups, which clearly demonstrate our interest in the area, and the need for GNSO to be involved in dialogue given the inevitable impact this discussion will have on gTLD policy.

It would be very helpful if a representative of each of these four groups could be present in the room to take specific questions if these arise.

Best wishes,

Heather

BC:

  *   Searching to determine if a new string is any type of geographic name is impractical.
  *   Agreement or non-objection from the relevant governments and public authorities before submission of an application sets an unclear burden for business users applying for new gTLDs.
  *   incompatiblity with current law.
  *   No clarity on the definition of “public interest,” and what authority will determine the public interest in the event of a disagreement over a new gTLD.

RySG:

  *   Comments endorse comments submitted by BC
  *   Impractical and unreasonable approach to determining whether or not a string is a geographic name.
  *   The categories proposed by the GAC are overly broad, have no basis in international law, and could be applied subjectively and unpredictably.
  *   The absence of a clearly understood test, grounded in international law principles, could clear the way for such disparate and unfair treatment of new gTLD applications downstream, in contravention of the ICANN bylaws.
  *   Proper process under bylaws is to request an Issue Report as precursor to a GNSO PDP

ISPCP:

  *   Proposal is based on an unclear and overly broad definition of what constitutes a geographic name.
  *   Proposal provides no clear definition of “public interest”.

IPC:

  *   Government consent requirement and the explanations for it lack a legal basis.
  *   Inappropriate assumption that TLD use of a name that also has a geographical meaning is inherently a misuse of that name and contrary to the public interest
  *   Proposal is based on inaccurate understanding of trademark law
  *   Proposal's scope is overbroad, extends beyond strictly geographic names to regional language, people descriptions and cultural terms

________________________________
From: Jonathan Robinson [jrobinson at afilias.info]
Sent: Tuesday, 10 February 2015 9:35
To: Heather Forrest; 'Carlos Raúl G. '
Cc: council at gnso.icann.org
Subject: RE: [council] RE: Invitation to the GNSO - GAC Community Session on Protection of Geographic Names

Thanks Heather & Carlos,

Assuming there are not objections or other issues raised in the meantime, that will be very helpful.

Jonathan

From: Heather Forrest [mailto:Heather.Forrest at acu.edu.au]
Sent: 09 February 2015 19:59
To: Carlos Raúl G.
Cc: jrobinson at afilias.info; council at gnso.icann.org
Subject: RE: [council] RE: Invitation to the GNSO - GAC Community Session on Protection of Geographic Names

Dear colleagues,

Following on from Carlos's comments below, if you are comfortable with the arrangement, Carlos and I are both prepared to represent the GNSO on the panel and put forward the views submitted by the constituencies and SGs who commented.

Best wishes,

Heather

________________________________
From: Carlos Raúl G. [crg at isoc-cr.org]
Sent: Monday, 9 February 2015 18:57
To: Heather Forrest
Cc: jrobinson at afilias.info<mailto:jrobinson at afilias.info>; council at gnso.icann.org<mailto:council at gnso.icann.org>
Subject: Re: [council] RE: Invitation to the GNSO - GAC Community Session on Protection of Geographic Names
Heather, Jonathan !

I want to participate as well on Wednesday.

I just had a short but intense conversation on the issue with Thomas Schneider: although the GAC is far from a common position on the paper/report of their Working Group, processing the experience and taking action after the last round of gTLD is of great importance to the GAC.

We will be able to report back toe Council on WED afternoon.

Carlos Raúl Gutiérrez
+506 8837 7176 (New Number)
Enviado desde mi iPhone

El feb 9, 2015, a las 18:10, Heather Forrest <Heather.Forrest at acu.edu.au<mailto:Heather.Forrest at acu.edu.au>> escribió:
Dear Jonathan,

Thank you for your email below. I am pleased to see that the GNSO ultimately received an invitation to this "community session" which unquestionably involves matters of gTLD policy.

Jonathan, I would be very grateful if you were willing to reply thanking Olga for the invitation and confirming that we will convey the name of the GNSO representative very soon.

I will attend this session but do not wish to be put forward as representing the GNSO on the panel without input from Council colleagues. My concern about this panel has been procedural - that the GNSO be represented, not that I or any particular person be the representative.

Also involved in this issue is Carlos Gutierrez, who serves with me as GNSO co-chairs on the CWG Country and Territory Names; Carlos is the Council's liaison on that CWG.

Many thanks and best wishes in advance for any feedback received,

Heather

________________________________
From: Jonathan Robinson [jrobinson at afilias.info<mailto:jrobinson at afilias.info>]
Sent: Monday, 9 February 2015 17:32
To: Heather Forrest
Cc: council at gnso.icann.org<mailto:council at gnso.icann.org>
Subject: FW: Invitation to the GNSO - GAC Community Session on Protection of Geographic Names
Heather,

I have received the below and attached invitation from Olga Cavelli.

I expect that this is of interest to you and would like confirmation that you will be able to attend.
In addition, are you able to do the five minute presentation requested or could you suggest someone who may be able to?

Thank-you.

Jonathan

From: Olga Cavalli [mailto:olgacavalli at gmail.com]
Sent: 08 February 2015 23:05
To: jonathan.robinson at ipracon.com<mailto:jonathan.robinson at ipracon.com>
Cc: Mason Cole; Schneider, Thomas
Subject: Invitation to the GNSO - GAC Community Session on Protection of Geographic Names

Dear Jonathan,

as I told you this evening, working group on protection of geographic names in the GAC wants to invite the GNSO to join us in the community session on Protection of Geographic names.

We also want to invite the GNSO for a five minutes presentation about comments to the draft background document.

See attached documents for your refence:

- Summary of comments recieved
- Community session relevant links and agenda.

Looking forward for your participation. Please confirm who form GNSO will come, session will take place on Wednesday 10:30 to 11:30 at the Collyer room.

Best regards
Olga

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