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

George Kirikos icann at leap.com
Mon Jun 20 14:36:22 UTC 2016


Thanks, Mary. If it's possible to generate a redline version, to
quickly and efficiently compare with the earlier draft, that'd be
useful.

Sincerely,

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


On Mon, Jun 20, 2016 at 10:26 AM, Mary Wong <mary.wong at icann.org> wrote:
> 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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