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

Thu Nov 6 18:22:30 UTC 2014

I support keeping the question in the letter.  In my view, the more that we can frame the issue with relevant questions, the better.

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: Thursday, November 06, 2014 1:04 PM
To: Jim Bikoff; 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

Jim:

It does seem that the GAC wants us to create an entirely new curative rights process for IGOs.

However, my sense of this WG is that its members would only go down that difficult road if it is determined that the UDRP and URS cannot be utilized by IGOs at present, or after appropriate and accommodating modifications - and then only if we determine that IGOs possess globally recognized and active (as opposed to passive blocking) rights similar to those of trademark that could be the basis of a new CRP. Further, this WG is established and operates per a GNSO Council resolution that directs us several times to consider amendments to the UDRP/URS.

So I am not ruling out the possibility of a new CRP because we have not yet reached a decision on that - but one of the points of the letter is to ask the GNSO Council to diplomatically inform the GAC that this WG will operate in an objective and comprehensive way per its authorizing Resolution, and that we will not create a new CRP simply because the GAC desires that outcome but will do only if we determine that it is the only means of providing a viable means of redress to IGOs and has a substantial legal basis. Therefore, I believe that sentence should remain in the letter.

Those are my personal views and other WG members should feel free to chime in.

Best, Philip

Philip S. Corwin, Founding Principal
Virtualaw LLC
1155 F Street, NW
Suite 1050
Washington, DC 20004
202-559-8597/Direct
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Twitter: @VlawDC

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

From: Jim Bikoff [mailto:jbikoff at sgbdc.com]
Sent: Thursday, November 06, 2014 12:49 PM
To: Phil Corwin; gnso-igo-ingo-crp at icann.org<mailto:gnso-igo-ingo-crp at icann.org>
Subject: [Gnso-igo-ingo-crp] PLEASE RESPOND ASAP -- Revised Draft of Letter to Council regarding GAC Communique

Phil,

Some non-substantive comments to the revised draft letter to the Council regarding the GAC communique are attached.

We do question the inclusion of the question on the second page that asks whether the GAC has "considered that an inability to amend the UDRP would preclude any possible change to its "Mutual Jurisdiction" provisions to address specific sovereign immunity concerns of IGOs".  It seems that the new IGO-specific curative rights mechanism GAC seeks would already address sovereign immunity concerns. Given that all IGOs have these concerns, they would presumably all opt to use the new CRM.

Jim

James L. Bikoff
Silverberg, Goldman & Bikoff, LLP
1101 30th Street, NW
Suite 120
Washington, DC 20007
Tel: 202-944-3303
Fax: 202-944-3306
jbikoff at sgbdc.com<mailto:jbikoff at sgbdc.com>

________________________________
From: gnso-igo-ingo-crp-bounces at icann.org<mailto:gnso-igo-ingo-crp-bounces at icann.org> [gnso-igo-ingo-crp-bounces at icann.org] on behalf of Petter Rindforth [petter.rindforth at fenixlegal.eu]
Sent: Thursday, November 06, 2014 3:45 AM
To: George Kirikos
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
George,

Good idea! (at least worth a try ;-)

Formal question: Who will officially arrange for such invitation - ICANN Staff, GNSO Council, or??

Best,
Petter

--
Petter Rindforth, LL M

Fenix Legal KB
Stureplan 4c, 4tr
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Sweden
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Direct phone: +46(0)702-369360
E-mail: petter.rindforth at fenixlegal.eu<mailto:petter.rindforth at fenixlegal.eu>
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Thank you

6 november 2014, George Kirikos <icann at leap.com<mailto:icann at leap.com>> skrev:
Hello,

The revised draft letter looks fine to me.

On another note, I noticed that the GAC website lists all the "observers":

https://gacweb.icann.org/display/gacweb/GAC+Observers

with most of their contact information. To disintermediate, perhaps we
should extend an invitation to the IGO observers (there are a few
non-IGOs, e.g. Red Cross) to see whether they'd join our working
group?

Sincerely,

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