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

Mon Dec 12 07:33:09 UTC 2022

Jorge cc as above

Good morning; thanks this is very useful indeed;

best

Nigel

On Mon, 12 Dec 2022 at 07:22, Jorge.Cancio--- via gnso-gac-closed-generics <
gnso-gac-closed-generics at icann.org> wrote:

> 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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