[Gnso-igo-ingo-crp] Mp3, Attendance & AC Chat / IGO-INGO Curative Rights Protection PDP WG Meeting 12 May 2016

[Michelle DeSmyter]

Dear All,

Please find the attendance and MP3 recording for the IGO-INGO Curative Rights Protection PDP WG Meeting held on Thursday, 12 May 2016 at 16:00 UTC at:http://audio.icann.org/gnso/gnso-igo-ingo-crp-access-12may16-en.mp3

<http://audio.icann.org/gnso/gnso-igo-ingo-crp-access-12may16-en.mp3>
On page: http://gnso.icann.org/en/group-activities/calendar#may
The recordings and transcriptions of the calls are posted on the GNSO Master Calendar page:
http://gnso.icann.org/en/group-activities/calendar<http://gnso.icann.org/en/group-activities/calendar#nov>

Attendees:
George Kirikos - Individual
Paul Tattersfield - Individual
Phil Corwin - BC
Jay Chapman - Individual
Nat Cohen - BC

Apologies:
Mason Cole - RySG
Osvaldo Nova - ISPCP
Petter Rindforth - IPC

ICANN staff:
Steve Chan
Berry Cobb
Mary Wong
Glen de Saint Gery
Michelle DeSmyter

** Please let me know if your name has been left off the list **

Mailing list archives:
http://mm.icann.org/pipermail/gnso-ppsai-pdp-wg/

Wiki page:
https://community.icann.org/x/9iCfAg

Thank you.
Kind regards,
Michelle DeSmyter

-------------------------------
Adobe Connect chat transcript for Thursday, 12 May 2016
  Michelle DeSmyter:Dear all, welcome to the  IGO-INGO Curative Rights Protection PDP WG Meeting on the Thursday, 12 May 2016.
  George Kirikos:Hi everyone.
  Philip Corwin:Hello all
  Paul Tattersfield:Hello
  George Kirikos:Welcome Phil.
  George Kirikos:Hey Paul.
  Philip Corwin:I believe that petter will be unable to join today, so that I will be handling all the Chair duties
  Jay Chapman:Hi Everyone
  George Kirikos:Hi Jay.
  Paul Tattersfield:Hi George, interesting extensive comments
  George Kirikos:The little box to the top right of the chat window lets people change their chat text colour, by the way, to add some flair/style. :)
  Paul Tattersfield:oh that box wonder how you all did it in ther RPM WG
  Mary Wong:We compiled all three sets of comments/questions into a single document
  Mary Wong:In order of receipt - George, Paul, Phil
  Mary Wong:Ye
  Mary Wong:yes
  Jay Chapman:I'm not on the phone line.  I appreciate the comments made - no specific remarks at this time
  Mary Wong:Thanks, Jay.
  Jay Chapman:agree with George's point.
  Michelle DeSmyter:Welcome Nat!
  Nat Cohen:Hi Everyone
  Nat Cohen:Thanks George - just listening in
  Mary Wong:@George, one problem with that is I don't know if/how ICANN can compel IGOs to always do that kind of "assignment",
  Mary Wong:Thanks, George - got it
  Jay Chapman:bottom of page 3
  George Kirikos:Can we put up Paul Keating and/or Phil's on the whiteboard?
  George Kirikos:Sorry.
  George Kirikos:I see it now.
  Mary Wong:@Phil, all, one question staff has for all of you - if tehre are any commens/questions that you do NOT think need to go to Prof. Swaine.
  Mary Wong:OK, just making sure :)
  Mary Wong:(and nothing to do with the fact that I also used to be a law professor who, yes, will have been used to questions and criticisms :))
  George Kirikos:I don't think we'd actually get to that point, but putting it out there as something we might have to consider.
  George Kirikos:Since, registrants buying a domain name deserve to know which specific domains are affected.
  George Kirikos:(e.g. via the IGO reserved list, etc)
  Mary Wong:If there is no change to a Consensus Policy, it is still possible to impose obligations on registrars - but that will have to be via contract (RAA amendment)
  Paul Tattersfield:The differing levels of immunity afforded to IGO's  adds even more complexity
  Mary Wong:@Phil, it is certainly an option for the WG to consider distinguishing between the types of IGOs that are on the GAC list, e.g. UN agencies as distinct from other IGOs.
  Jay Chapman:and since it's denovo at the court level it's not actually an appeal
  George Kirikos:BTW, do we know whether the IGOs are planning to give feedback to the Swaine report, and/or our previous letters to the IGOs?
  Mary Wong:@George, we do not.
  Mary Wong:At least, staff has not heard anything one way or the other about that.
  George Kirikos:Even the UN Agencies might not have immunity, e.g. if they don't have a treaty with a certain country, or do business within a certain country (e.g. some African UN agency might not have immunity in Europe against a European domain name registrant, etc.).
  George Kirikos:It'd likely "depend", just as the Professor said, on th circumstances.
  George Kirikos:100% of cases have said that assigning rights to an agent is OK (albeit, that's only 1 out of 1 cases). :-)
  Paul Tattersfield:Would it be worth asking if the Professor knows of any other alternatives to UNICTRAL?
  Mary Wong:@Paul, there are definitely alternatives, such as the ICC Rules.
  Mary Wong:Arbitrators rely on the applicable laws in a dispute - part of the proceeding being a legally binding determination (compared to, say a mediation)
  Mary Wong:Parties can also specify the number and qualifcations of the arbitrator(s) who would hear and determine the dispute
  George Kirikos:So, an IGO might specify a Swiss judge (or retired judge), whereas a Canadian registrant might specify Canadian judges/retired judges.
  Mary Wong:Besides the UNCITRAL and ICC Rules, other options include the London Court of Int'l Arbitration and the American Arbitration Association (AAA) ICDR Rules.
  George Kirikos:But, in a Canadian action, it'd be 100% Canadian judges.
  Mary Wong:@Goerge, yes - but it would be difficult to compare the results in a court vs arbitration, since the latter is a legally binding substitute for the former (agreed as such between the parties)
  Paul Tattersfield:Agree Immunity seems to be too fluid, it varies by degree, entity and jurisdiction as such it would be very hard not to be creating additional rights which the majority of IGO's would not be afforded in any other sphere.
  George Kirikos:Is the plan to have Professor Swaine attend next week's call?
  George Kirikos:(will he have enough time?)
  Mary Wong:Yes, and we will confirm with Prof Swaine again
  George Kirikos:We've bent over backward to be inclusive of the IGO reps.
  George Kirikos:Yes, it's his report, ultimately.
  Mary Wong:Thanks Phil George, everyone!
  George Kirikos:Bye everyone. Have a great day.
  Paul Tattersfield:Thanks everyone bye
  Jay Chapman:thanks all


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