[Gnso-igo-ingo-crp] Follow up questions for IGO small group on sovereign immunity

[Mary Wong]

Dear WG members,

Please find attached a draft note addressed to the IGO small group that was
prepared by the WG co-chairs and staff, based on recent WG discussions and
research done to date on the sovereign immunity issue. The co-chairs propose
that following review and approval from the WG, they send these questions
along with a cover note to the IGO small group, in the hope that the IGO
representatives will continue to be responsive and helpful to ICANN¹s
efforts to work through the matter. The cover note will include the WG¹s
thanks to the IGO small group for its January response, along with an update
on the WG¹s current thinking on the ³standing² issue and Article 6ter of the
Paris Convention.

Please reply to the list via email with any comments you or your groups may
have on the document as soon as you can. For your information, you will see
from the draft that we have added another UDRP decision to the World Bank
example that George provided earlier in our deliberations ­ this second case
concerns the Bank for International Settlements, which also is on the GAC
list of IGOs dating from 2013. I attach also an updated version of the staff
Briefing Note on sovereign immunity and IGOs that was circulated last week ­
this update adds a reference to the Canadian statute that the Canadian
Supreme Court relies on in the NAFO case which George brought to the WG¹s
attention last week.

Finally, please note that the GNSO Council has been updated on the WG¹s
progress during our recent face-to-face facilitated meeting in Singapore,
and will take up at its meeting on Thursday the specific question of whether
they agree with the WG¹s thinking that the list of IGOs in the WIPO database
who requested Article 6ter protection should be the list upon which the WG¹s
recommendations (if any) will be based, especially for ³standing² and in
principled preference to the original GAC list, which contains IGOs selected
based on fulfillment of the .int eligibility criteria and which was the list
that our WG was chartered to discuss. We will provide the WG with a further
update following the Council¹s deliberations on this point later this week.

Thanks and 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






-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mm.icann.org/pipermail/gnso-igo-ingo-crp/attachments/20150317/ba3af8e7/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: Follow Up to IGO Small Group - Final Chair-Staff Draft - 17 Mar 2015.docx
Type: application/vnd.openxmlformats-officedocument.wordprocessingml.document
Size: 28038 bytes
Desc: not available
URL: <http://mm.icann.org/pipermail/gnso-igo-ingo-crp/attachments/20150317/ba3af8e7/FollowUptoIGOSmallGroup-FinalChair-StaffDraft-17Mar2015-0001.docx>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: BRIEFING NOTE ON SOVEREIGN IMMUNITY AND INTERNATIONAL ORGANIZATIONS.docx
Type: application/vnd.openxmlformats-officedocument.wordprocessingml.document
Size: 155534 bytes
Desc: not available
URL: <http://mm.icann.org/pipermail/gnso-igo-ingo-crp/attachments/20150317/ba3af8e7/BRIEFINGNOTEONSOVEREIGNIMMUNITYANDINTERNATIONALORGANIZATIONS-0001.docx>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: smime.p7s
Type: application/pkcs7-signature
Size: 5044 bytes
Desc: not available
URL: <http://mm.icann.org/pipermail/gnso-igo-ingo-crp/attachments/20150317/ba3af8e7/smime-0001.p7s>