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

Tue Dec 20 09:20:49 UTC 2022

Jorge cc as above

Good morning; thanks for this, very interesting and useful.  It was very
interesting hearing these "use" cases yesterday. Would be good to complete
the exercise in the next Call as those not reached may give us additional
insight.

best

Nigel

On Tue, 20 Dec 2022 at 08:53, Jorge.Cancio--- via gnso-gac-closed-generics <
gnso-gac-closed-generics at icann.org> wrote:

> Dear all
>
>
>
> Yesterday there was a question about how the .swiss system works in case a
> different applicant applies for the same generic term, while the first
> application is being published for public notice:
>
>
>
> «The registry publishes the names requested within the framework of a
> name allocation mandate which have passed the initial evaluation for a
> period of 20 days.
>
> Access the list <https://whois.nic.swiss/feed>
>
> The names are published in the list with the word "Mandate".
>
> The list is in principle updated every Tuesday (2 pm). However, there may
> be a delay during public holidays.
>
> Other applicants may submit an application for a name allocation mandate for
> this same domain name to the registry's address domainnames at bakom.admin.ch during
> the publication period.”
>
> (
> https://www.nic.swiss/nic/en/home/registrieren-sie-ihre-swiss-domain/bedingungen-fuer-generische-namen.html)
>
>
>
>
>
>
> How the registry (Swiss OFCOM) decides is foreseen under Article 56 of the
> OID, which establishes that:
>
>
>
> “Art. 56 ODI
>
> (…)
>
>
>
> 5 In the event of a multiple candidature, the registry shall allocate the
> domain name to the candidate whose project provides added value for the
> community concerned and for the Swiss community that is clearly greater
> than that of the other projects.
>
> 6 If no project meets the requirement set out in paragraph 5 and the
> candidates cannot agree on a single or joint candidature, the registry
> shall decide on the allocation by drawing lots or holding an auction. The
> proceeds from the auction are paid into federal funds.”
>
>
>
> So far we have not had this specific case…
>
>
>
> I hope this info is helpful J
>
>
>
> Kindly
>
>
>
> Jorge
>
>
>
> *Von:* Cancio Jorge BAKOM
> *Gesendet:* Montag, 12. Dezember 2022 08:22
> *An:* 'Melissa Peters Allgood' <melissa.allgood at icann.org>;
> gnso-gac-closed-generics at icann.org
> *Betreff:* AW: Closed Generics Ongoing Asynchronous Work - some food for
> thought on how it may work from Switzerland?
>
>
>
> 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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