[council] FW: Draft GNSO Council Resolution

James M. Bladel jbladel at godaddy.com
Tue Apr 18 21:55:26 UTC 2017


Councilors –

Please see below and attached for a message from Stephane Hankins of the ICRC, in which he provides some comments/feedback on our motion on amending the PDP regarding RC names.

A few notes:


·         There is no mechanism for a non-Councilor to propose edits to a pending motion that is under consideration by the Council.  Therefore, Mr. Hankins’ proposed changes would need to be raised via a Councilor, if we are to consider them at all.


·         I have reviewed Mr. Hankins’ comments on the language of the motion , and most appear to be cosmetic in nature, with the exception of his edits to Resolved 1(a). Because I believe this change could be read as expanding the scope of protected strings, and as the maker of the motion, I would not accept this change as “friendly”, should it be tabled by a Councilor.



·         Finally, please note Mr. Hankins’ additional request regarding protections for Red Cross acronyms.  Because this topic was not included in our discussions at Copenhagen, I do not recommend we try to address it as a component of this motion.  Rather, I would like to raise it as a point of discussion during our meeting, including possible next steps (e.g., referral to the active PDP).

Thank you,

J.
------------------
James Bladel
GNSO Chair


From: Stephane Hankins <shankins at icrc.org>
Date: Tuesday, April 18, 2017 at 2:27
To: "James M. Bladel" <jbladel at godaddy.com>
Cc: Bruce Tonkin <Bruce.Tonkin at melbourneit.com.au>, Mary Wong <mary.wong at icann.org>, "Jorge.Cancio at bakom.admin.ch" <Jorge.Cancio at bakom.admin.ch>, "mark.carvell at culture.gov.uk" <mark.carvell at culture.gov.uk>, "Thomas.Schneider at bakom.admin.ch" <Thomas.Schneider at bakom.admin.ch>, Charlotte Lindsey Curtet <clindsey at icrc.org>
Subject: Draft GNSO Council Resolution

Dear James and GNSO Council members,

We have been copied on the draft GNSO Council Resolution on the initiation of a policy amendment process on specific Red Cross names, to be considered by the GNSO Council on 20 April.

We would like to propose that several minor revisions be brought to the draft Resolution, and in particular that the title of the Resolution refer to the protection of the Red Cross and Red Crescent names and identifiers. Other minor suggestions are included in the attachment to this message.

We also had a question to you whether the resumed PDP should not be proposed to address the question of the ICRC and Federation acronyms/initials. While this was not discussed during the Working Group discussion in Copenhagen, the 2013 PDP and the subsequent GNSO Recommendations to the Board included a recommendation that the ICRC and IFRC acronyms be placed under the 90-days Trademark Clearinghouse Claims Notice protection. The GAC's Durban Communiqué of July 2013 recommended on its part that the acronyms be accorded  [t]he same complementary cost neutral mechanisms to be worked out for the protection of acronyms of IGOs. This is hence another area where the GNSO’s 2013 consensus recommendations are not consistent with GAC advice. Is the assumption that this issue will be referred to the ongoing PDP on curative protections for IGO's? If not, should this question not be referenced in the operative paragraphs of the draft GNSO Council Resolution as an additional issue for review by the resumed PDP. We would appreciate your thoughts on this.

We remain available to take part and to support the resumed PDP process to be decided.

With thanks and kind regards,

Stéphane


Stéphane J. Hankins
Legal adviser
Cooperation and coordination within the Movement
International Committee of the Red Cross
Tel (direct line): ++0041 22 730 24 19
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