[council] Submission: RPMs PDP Working Group Phase 1 Final Report on the Review of All Rights Protection Mechanisms in All gTLDs Policy Development Process 24 Nov 2020

philippe.fouquart at orange.com philippe.fouquart at orange.com
Mon Nov 30 15:26:03 UTC 2020

Dear Brian, Kathy and Phil,
Dear Mary, Ariel and Julie and Berry,

Thanks very much for the note and congratulations to you as co-chairs, to the WG members and supporting staff for this major achievement. Thanks also to Paul and John in continuing support over the years as Council liaisons to the WG.

This has indeed been a long and trying journey for all involved, and on all fronts, and the expression of support for the recommendations is already the best recognition of the amount of work that’s been achieved.

We will reach out to you prior to the council vote to discuss the report and recommendations. Thanks also for you offer to share your views on the Phase 2 review of the UDRP, we’ll equally follow-up with you on this.

Best regards,

From: council [mailto:council-bounces at gnso.icann.org] On Behalf Of Julie Hedlund
Sent: Tuesday, November 24, 2020 8:09 PM
To: council at gnso.icann.org
Cc: brian.beckham at wipo.int; kathy at dnrc.tech; kathy at kathykleiman.com
Subject: [council] Submission: RPMs PDP Working Group Phase 1 Final Report on the Review of All Rights Protection Mechanisms in All gTLDs Policy Development Process 24 Nov 2020

Dear GNSO Council Leadership and Councilors, please see below the message from the Co-Chairs of the RPMs PDP Working Group and the attached report.

Kind regards,
Mary, Ariel and Julie

Dear Philippe, Pam, Tatiana and the GNSO Council:

After more than four years of hard work, on behalf of all the members of the Review of All Rights Protection Mechanisms Policy Development Process Working Group, we present our Phase 1 Final Report for your consideration – and hopefully, approval.

In this report, we present 35 Final Recommendations addressing Uniform Rapid Suspension, the Trademark Clearinghouse, Sunrise Period, Trademark Claims Notices, Trademark Post Delegation Dispute Resolution Procedure, and Overarching Data Collection Recommendation.  We are delighted that thirty-four of the Working Group’s final recommendations achieved a “full consensus” designation from us as co-chairs; the remaining recommendation achieved “consensus”, and WG members who filed a Minority Statement did not oppose its primary thrust, but had concerns over a single definition. Not a single member of the Working Group raised concerns about these designations of support.

We thank the many members of our Working Group for the tremendous energies, efforts, and time they devoted to this herculean effort. We also thank our two Council liaisons over the course of our work, Paul McGrady and John McElwaine, for their dedication and essential assistance. We greatly appreciate the efforts of Mary Wong, Julie Hedlund and Ariel Lang who provided the WG with tireless and expert staff support; as well as Berry Cobb for his analytical expertise.

We also thank the ICANN Legal Team and prior Council leadership for making clear that the Expected Standards of Behavior are enforceable, and that adherence to their strictures is a prerequisite for working group participation and success. Promoting ethical and responsible behavior, and mutual respect, is the only way for a diverse working group to engage in reasoned debate and successfully fulfill its Charter responsibilities.

Please accept our Phase 1 Final Report for your consideration.  We would be happy to meet with you to discuss our Final Report and Recommendations. In addition, given our understanding that Council plans to revise the Charter for the Phase 2 review of the UDRP, we would be pleased to consult with Council and share our operational experience if that would be of assistance in laying a strong foundation for that further inquiry.

Respectfully submitted,
Brian Beckham
Kathy Kleiman
Philip Corwin


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