[Gnso-igo-ingo-crp] Straw Poll: Whether the UNITAID decision procedural roadmap fulfills this PDP's mandate?

George Kirikos icann at leap.com
Fri Dec 12 12:38:05 UTC 2014


Hi folks,

Just to highlight a snippet from a prior post, there was critical
language in the UNITAID UDRP decision at:

http://www.wipo.int/amc/en/domains/search/text.jsp?case=3DD2012-1922

which says:

"In 2009, a Fiduciary Agreement was made between the World Health
Organization/Unitaid and the Complainant to file and hold in its own
name, for the benefit of Unitaid, the necessary applications for the
protection of the “Unitaid” name, according to the instructions and
under the control of World Health Organization/Unitaid.

In 2009, the Complainant thus registered, in its own name but for the
benefit of World Health Organization/Unitaid, UNITAID as a trademark
in numerous jurisdictions."

In my view, it really demonstrates how IGOs can work within the
existing UDRP, without any amendments whatsoever and without any new
DRP. Perhaps IGOs just aren't aware that they can do the above? It
neatly and simultaneously handles concerns over standing and immunity,
which are the main "issues" at the moment.  Lenz & Staehelin, by the
way, is a Swiss law firm, so they essentially stood as a proxy for the
IGO itself (kind of like my own proposal in a prior email, where I
suggested a Federal government in the same jurisdiction as the
registrant might become the proxy).

For INGOs, we called for a vote or straw poll or whatever to see
whether we'd reached a conclusion on their issues. Perhaps the same
kind of vote might be appropriate at this point, if everyone was
satisfied that all IGOs could do the above?

It's disappointing that the IGOs aren't participating directly in the
PDP, because we're essentially trying to invent reasons to continue
our work on their behalf, and are probably seeing that the issues are
getting narrower and narrower and perhaps have shrunk to zero. I think
if IGOs were made aware of that helpful precedent at WIPO, they might stop
pestering the GAC, and allow us to conclude sooner, rather than later.

I'd appreciate arguments as to why IGOs *can't* do the above
procedure, if anyone has them.

Sincerely,

George Kirikos
416-588-0269
http://www.leap.com/


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