[council] Council resolution 18 February 2016

[Glen de Saint Géry]

Dear Councillors,

Please find the resolution  that passed unanimously at the GNSO Council meeting on 18 February 2016.

Initiation of a Policy Development Process (PDP) on a Review of All Rights Protection Mechanisms (RPMs) in All Generic Top-Level Domains (gTLDs)

Whereas

1. In December 2011 the GNSO Council had requested that an Issue Report on the current state of all rights protection mechanisms (RPMs) implemented for both existing and new gTLDs, including but not limited to the Uniform Dispute Resolution Policy (UDRP), be delivered to the GNSO Council no later than eighteen (18) months following the delegation of the first gTLD in ICANN's New gTLD Program;

2. In January 2014 the GNSO Council agreed to extend the timeline for delivery of the Issue Report by six (6) months;

3. ICANN staff published the Preliminary Issue Report on a Policy Development Process to Review All RPMs in All gTLDs for public comment on 9 October 2015, with the public comment forum closing on 30 November 2015;

4. ICANN staff have reviewed the public comments received, published a Report of Public Comments on 10 December 2015 and updated the Issue Report accordingly;

5. The Final Issue Report on a Policy Development Process to Review All RPMs in All gTLDs was delivered to the GNSO Council on 11 January 2016 (see http://gnso.icann.org/en/issues/new-gtlds/rpm-final-issue-11jan16-en.pdf);

6. The Final Issue Report includes a recommendation that the GNSO Council proceed with a two-phased Policy Development Process (PDP) that will first review the RPMs that were developed for the New gTLD Program, followed by a subsequent second phase that will review the UDRP, with the overall goal of developing a uniform and consistent framework for any future review of RPMs; and

7. The General Counsel of ICANN has indicated that the topics recommended for review are properly within the scope of the ICANN policy process and the GNSO.

RESOLVED:

1. The GNSO Council hereby initiates a two-phased PDP to review all RPMs in all gTLDs, to review and determine whether modifications to the existing RPMs (including but not limited to the UDRP) are needed and, if so, what they should be. The outcome of the PDP may lead to (i) amendments or replacement of existing policies, principles or procedures; (ii) the development of new or additional policy recommendations; and/or (iii) the creation of new implementation guidance to supplement existing policies or procedures.

2. The GNSO Council requests that the PDP Working Group be convened as soon as possible after the adoption of the PDP Working Group Charter in order to fulfill the requirements of this PDP.

Please let us 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