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

Mary Wong mary.wong at icann.org
Wed Nov 5 22:45:38 UTC 2014 

Hello Phil, Paul and everyone,

On the procedural/substantive topic, please note that as part of the scoping
exercise for a Policy Development Process (PDP) on a review of the UDRP in
2011, ICANN received a lot of information and community feedback regarding
substantive and procedural matters related to the UDRP. The WIPO Arbitration
and Mediation Center and the National Arbitration Forum also assisted staff
with a webinar to assess these issues, and provided input via a survey of
the UDRP providers.

Although the GNSO Council eventually decided to NOT proceed with a review of
the UDRP at the time, deciding instead to have a further Issue Report done
in 2015 in respect of all the current rights protection mechanisms (RPMs),
including those developed for the New gTLD Program (such as the URS), the
comments and information received continue to be useful. In addition, the
GAC also provided a statement at the time recommending a review take place
only after some experience has been gleaned from the launch of New gTLDs.

You¹ll find the public comments, WIPO, NAF and other provider survey
responses, and the GAC and ALAC statements, in Annexes 2, 3, 4 and 5 of the
Final Issue Report:
http://gnso.icann.org/en/issues/udrp/udrp-final-issue-report-03oct11-en.pdf

The GNSO Council¹s decision to postpone the UDRP review and to possibly take
up a fuller review of all RPMs can be found here:
http://gnso.icann.org/en/council/resolutions#201112

Once again, I hope that this information is helpful.

Cheers
Mary

Mary Wong
Senior Policy Director
Internet Corporation for Assigned Names & Numbers (ICANN)
Telephone: +1 603 574 4892
Email: mary.wong at icann.org


From:  Phil Corwin <psc at vlaw-dc.com>
Date:  Wednesday, November 5, 2014 at 5:28 PM
To:  Paul Tattersfield <gpmgroup at gmail.com>
Cc:  "gnso-igo-ingo-crp at icann.org" <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 haven¹t 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
> 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
> Mason¹s 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> 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]
> Sent: Wednesday, November 05, 2014 3:50 PM
> To: Phil Corwin
> 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
> 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 GAC¹s 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 GAC¹s 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
>  
> <ICANN-IGO_INGO_CRWG-Letter to GNSO
> Council-LA_GAC_Advice-draft#2.docx>___________________________________________
> ____
> Gnso-igo-ingo-crp mailing list
> Gnso-igo-ingo-crp at icann.org
> https://mm.icann.org/mailman/listinfo/gnso-igo-ingo-crp
>  
> 
> Mason Cole 
> 
> VP Communications & Industry Relations
> 
> Donuts Inc.
> 
> ŠŠŠŠŠŠŠŠŠŠŠŠ
> 
> ŠŠ
> 
> ŠŠ
> 
> mason at donuts.co
> 
> Ofc +1 503 908 7623 <tel:%2B1%20503%20908%207623>
> 
> Cell +1 503 407 2555 <tel:%2B1%20503%20407%202555>
> 
>  
> 
>  
>  
>  
> 
> 
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