[Gnso-igo-ingo-crp] PLEASE RESPOND ASAP -- Revised Draft of Letter to Council regarding GAC Communique

Wed Nov 5 22:37:38 UTC 2014

Although I am new to this discussion, I think that based on what I have read and heard so far, the GAC may be talking about a new CRP for IGO’s.  IGO’s should be accorded CRP due to their special status.  This would be a logical conclusion from the statement that they oppose any changes to the UDRP especially given that trademark registration/ownership is the cornerstone to standing.

Lori S. Schulman · General Counsel
1703 North Beauregard Street

Alexandria, VA  22311-1714

P 703-575-5678 · Lori.Schulman at ascd.org<mailto:Lori.Schulman at ascd.org>
[cid:image001.png at 01CC81E2.512C46F0]

From: gnso-igo-ingo-crp-bounces at icann.org [mailto:gnso-igo-ingo-crp-bounces at icann.org] On Behalf Of Phil Corwin
Sent: Wednesday, November 05, 2014 5:29 PM
To: Paul Tattersfield
Cc: gnso-igo-ingo-crp at icann.org
Subject: Re: [Gnso-igo-ingo-crp] PLEASE RESPOND ASAP -- Revised Draft of Letter to Council regarding GAC Communique

I guess we could drill down a bit on the substance/procedures matter – although my guess is that they haven’t even thought about it, and were meaning to say that they want a new CRP for IGOs rather than any modified version of the UDRP.

What do others think?

Philip S. Corwin, Founding Principal
Virtualaw LLC
1155 F Street, NW
Suite 1050
Washington, DC 20004
202-559-8597/Direct
202-559-8750/Fax
202-255-6172/cell

Twitter: @VlawDC

"Luck is the residue of design" -- Branch Rickey

From: Paul Tattersfield [mailto:gpmgroup at gmail.com]
Sent: Wednesday, November 05, 2014 5:13 PM
To: Phil Corwin
Cc: Mason Cole; gnso-igo-ingo-crp at icann.org<mailto:gnso-igo-ingo-crp at icann.org>
Subject: Re: [Gnso-igo-ingo-crp] PLEASE RESPOND ASAP -- Revised Draft of Letter to Council regarding GAC Communique

Mason's wording is very good. Do you guys think it would be worth building on Mason’s wording to try and ascertain if the GAC's proposed prohibition on UDRP changes is for substantive changes only or if they are seeking to prohibit procedural changes too?

Yours sincerely,

Paul

On Wed, Nov 5, 2014 at 9:49 PM, Phil Corwin <psc at vlaw-dc.com<mailto:psc at vlaw-dc.com>> wrote:
Mason:

Given that you have the delicate task of interfacing with the GAC, I think your proposed minor modifications are fine.

Best, Philip

Philip S. Corwin, Founding Principal
Virtualaw LLC
1155 F Street, NW
Suite 1050
Washington, DC 20004
202-559-8597<tel:202-559-8597>/Direct
202-559-8750<tel:202-559-8750>/Fax
202-255-6172<tel:202-255-6172>/cell

Twitter: @VlawDC

"Luck is the residue of design" -- Branch Rickey

From: Mason Cole [mailto:mason at donuts.co<mailto:mason at donuts.co>]
Sent: Wednesday, November 05, 2014 3:50 PM
To: Phil Corwin
Cc: gnso-igo-ingo-crp at icann.org<mailto:gnso-igo-ingo-crp at icann.org>
Subject: Re: [Gnso-igo-ingo-crp] PLEASE RESPOND ASAP -- Revised Draft of Letter to Council regarding GAC Communique
Importance: High

Phil --

In my capacity as liaison, let me suggest an edit or two in the bullet point in question that might give us better luck in getting some useful information from the GAC:

In regard to the issue of potential amendment of the UDRP – It would be instructive to know the GAC’s rationale for opposing any UDRP amendments as a means of providing IGOs with access to curative rights. Further, in opposing such amendments, does the GAC thus advise the GNSO to preclude any  possible change to its "Mutual Jurisdiction" provisions to address specific sovereign immunity concerns of IGOs? Finally, if it is the GAC’s position that an entirely new curative rights mechanism must be created,  is it the GAC's understanding that the protections afforded to qualifying IGOs under Article 6ter of the Paris Convention would be the criteria for establishing standing under any dispute resolution procedure that may apply to IGOs?

On Nov 5, 2014, at 11:56 AM, Phil Corwin wrote:

WG members:

Please find attached a revised draft letter to the GNSO Council regarding the LA GAC Communique that reflects our discussion earlier today.

The only changes are to the second bullet point on page 3.

PLEASE LET US KNOW IF THESE CHANGES ARE ACCEPTABLE WITHIN THE NEXT 24 HOURS. WE WANT TO FORARD THIS LETTER TO THE COUNCILL ASAP TO MAXIMIZE THE POSSIBILITY THAT IT WILL BE ADDED TO THE AGENDA FOR ITS MEETING NEXT THURSDAY.

Thanks in advance.

Best, Philip

Philip S. Corwin, Founding Principal
Virtualaw LLC
1155 F Street, NW
Suite 1050
Washington, DC 20004
202-559-8597<tel:202-559-8597>/Direct
202-559-8750<tel:202-559-8750>/Fax
202-255-6172<tel:202-255-6172>/cell

Twitter: @VlawDC

"Luck is the residue of design" -- Branch Rickey

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