[council] Letter on IGO protections

[Mary Wong]

Dear Councilors,

In respect of the ongoing discussions between the Board¹s New gTLD Program
Committee (NGPC) and the GAC on protection for IGO names and acronyms,
please see the following letter, just sent by the Secretary-General of the
OECD to ICANN CEO Fadi Chehade:
https://www.icann.org/en/system/files/correspondence/gurria-to-chehade-20jul
15-en.pdf. Note that the letter refers to positive developments in this
process that are expected to result in the delivery to the GNSO of an
updated proposal. Given the GAC¹s recent Buenos Aires Communique calling for
this to occur by the Dublin meeting, the Council may wish to note this as a
possibility. 

You will recall that from the GNSO perspective there are two aspects to the
topic of IGO protections. First, there are the remaining inconsistencies
between GAC advice and the GNSO¹s policy recommendations (adopted by the
GNSO Council in November 2013) regarding so-called ³preventative² (i.e.
pre-registration) protections for IGO acronyms; and secondly, on so-called
³curative² rights (i.e. post-registration dispute resolution procedures),
there is an ongoing PDP with a Working Group co-chaired by Council member
Phil Corwin and former Council member Petter Rindforth.

On the ³preventative² issue, you may recall further that in June 2014 the
NGPC had requested the GNSO Council to consider the possibility of amending
those of its previously adopted recommendations on IGO acronyms that are
inconsistent with GAC advice received on the topic. Those recommendations,
developed by a PDP Working Group chaired by Council member Thomas Rickert,
had been adopted by the Council in November 2013 but have not to date been
adopted by the ICANN Board. Following discussions with NGPC member Chris
Disspain in September 2014, the Council had sent a clarifying letter to the
NGPC, the upshot of which was that the Council would not act on any possible
amendment until further confirmation could be provided by the NGPC as to the
status of its ongoing discussions with the GAC.

On the ³curative rights² issue, the Council has been receiving regular
updates from Phil and Petter as to the progress of the WG that they
co-chair, highlighting the need for close engagement with the GAC on this
issue. This has also been referenced in recent GAC Communiques, and the WG
has been in periodic correspondence with the GAC and the IGOs. There was
also an informal meeting between the WG co-chairs, the GAC Chair and two
Vice-Chairs, and Mason Cole (GNSO-GAC liaison) in Buenos Aires.

We therefore draw this letter to your attention in light of the ongoing work
within the GNSO on curative rights and the outstanding matter of
preventative protection for IGO acronyms.

Cheers
Mary

Mary Wong
Senior Policy Director
Internet Corporation for Assigned Names & Numbers (ICANN)
Telephone: +1 603 574 4889
Email: mary.wong at icann.org





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