[gnso-gac-closed-generics] Closed Generics Ongoing Asynchronous Work - some food for thought on how it may work from Switzerland?

Mon Dec 12 07:21:52 UTC 2022

Dear Melissa and all

As I mentioned some time ago, generic names as second level domains under the “.swiss” TLD are subject to specific rules, which try to ensure that their allocation is done in the public interest. This system has been working for some time now and has led to the allocation of more than forty generic second level domains under said TLD.

The main reason for having a special procedure for such generic names is to prevent an individual player active on the market from using such a designation for his own purposes and not in the interest of the general public. Some of these designations could result in a significant competitive advantage and/or a monopoly position for the respective holder (e.g. "pizza.swiss", "cab.swiss" "hotel.swiss" or "precision.swiss").

Generic terms are generally excluded from regular registration as second level domains under the “.swiss”, unless they are allocated under a special procedure intended to assess whether the allocation is in the interest of all or part of the Swiss community. In such case, the domain is allocated under specific conditions established in a “naming mandate”.

To obtain such a naming mandate the applicant needs to demonstrate that they represent all or a significant part of the community concerned with the designation applied for, or that their application is supported by a significant part or the whole of the community. This criterion can be fulfilled, for example, by an umbrella organization of the industry in question. Guarantees of compliance with the principles of competitive neutrality, non-discrimination and transparency may substitute for representation or support of the community if the designation applied for does not refer to a specific community or if the designation applied for is not represented by an organized or constituted community.

In addition, applicants need to demonstrate that the planned use of a domain name and the services offered with it will benefit the entirety of the groups of persons concerned

Attached you will find a short summary on what the rules are and how they are implemented under the “.swiss”.

Hope this is helpful and inspiring for our common task.

Kindly

Jorge

p.s.: generic designations are defined for the purposes of the Swiss rules as “designations that refer to or describe in a general manner a category or class of goods (e.g. chocolate, biscuits, pizza, watches), services (e.g. banking, finance, hairdressing, insurance), persons or groups (e.g. consumers, lawyers, students, families), organisations (e.g. universities, federations, associations), products (e.g. machinery, tools, cars), sectors (e.g. bakery, woodworking, construction) or activities (e.g. football, sport, yoga).”

Von: gnso-gac-closed-generics <gnso-gac-closed-generics-bounces at icann.org> Im Auftrag von Melissa Peters Allgood
Gesendet: Dienstag, 6. Dezember 2022 17:39
An: gnso-gac-closed-generics at icann.org
Betreff: [gnso-gac-closed-generics] Closed Generics Ongoing Asynchronous Work

Hello all,

Thank you for your contributions to our 5 December call. Below you’ll find an outline of our ongoing work.

Participant Commitments

  *   The document has been updated to reflect decisions taken on Preamble, Bullets 1, and Bullet 3.
  *   Bullet 2: I’ve shared proposed language directly into the document. This is intended as a middle way forward.
  *   Bullet 4:  This bullet remains quite busy, so I’ve shared text of two options in the comments.
  *   Bullet 17: If you have yet to complete the table that corresponds to Bullet 17, please do so by 9 December.
  *   Reminder: This document is closed, so please do not add to it. It is intended for review only at this time.
  *   The link is found here: https://docs.google.com/document/d/1AauD8GrQz4saYf2WKKfL7UclWZvjNuUD6YC8AjISWK4/edit

Jamboard

  *   Please review to ensure this document captures all your need inputs.
  *   While I encourage you to edit your inputs to ensure they are properly reflected, please refrain from deleting the comments of others.
  *   Frame 2 contains all need inputs captured via both the discussion and chat. I’ve attempted to group inputs to their topic/discussion thread.
  *   Frame 3 contains a high-level synopsis of the needs shared on the call.
  *   Please use Frames 4 & 5 to share additional inputs. Use text into the frame or sticky notes, whichever you prefer.
  *   Reminder: You do not need to agree with all need inputs. We remain in the brainstorming phase.
  *   The link is found here: https://jamboard.google.com/d/1Y9CE4kQPTFkezViplIGuOPlDhuE6okZrfyXlWLcWJQ8/viewer

Asynchronous Work #2

  *   Based on your feeback, I ask you begin brainstorming business use cases for closed gTLDs.
  *   The link is found here: https://docs.google.com/document/d/1zBA0aUb5mDCslTcmzcRO26J7SbSBqvKPLvSwYOp4B2o/edit

On our next call (12 December at 12:30 UTC), we will work to finalize the Participant Commitments and will continue discussions of needs and use cases for closed gTLDs.

Please let me know if you have any questions.

Thank you,
Melissa

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