[Gnso-igo-ingo-crp] Updated memo from Professor Swaine

[Mary Wong]

Dear WG members,

Please find attached the updated legal memo from Professor Swaine. The basic structure remains the same; in particular, the detailed treatment of the differences between absolute, restrictive and functional immunity. In a number of area, Professor Swaine has attempted to clarify statements and explanations that may have been confusing in the earlier version. In particular, WG members may be interested in his concise summary of the topic on pages 2-3 of the memo; the addition of more information in the footnotes concerning case law and the US government’s position as to obligations under Article 6ter of the Paris Convention, and the more detailed discussion of the questions on waiver and possible changes to the Mutual Jurisdiction requirement at the end of the memo. Professor Swaine also notes in the memo the difference between a state’s sovereign immunity and an IGO’s immunity, and the potential problems an IGO may have enforcing foreign marks even under the current trademark-oriented UDRP.

Staff will work with Petter and Phil on an agenda for the upcoming WG meeting at ICANN56 in Helsinki, which we will circulate as soon as practicable. As the Helsinki session is an open meeting, it is possible that we will be joined by interested community members outside this WG. Please note that the Helsinki session is currently scheduled for Tuesday 28 June, from 13:30-15:00 local time. We will send out remote participation details as soon as they are available so that members who will not be present in Helsinki can nevertheless join the meeting.

Thanks and cheers
Mary


Mary Wong
Senior Policy Director
Internet Corporation for Assigned Names and Numbers (ICANN)
Email: mary.wong at icann.org
Telephone: +1-603-5744889


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