[Gnso-igo-ingo-crp] Document to facilitate discussion on the upcoming call

Fri May 25 05:11:25 UTC 2018

Dear all,

Please find attached a brief document that staff has prepared that we hope will assist in the discussion on 25 May. The document comprises: (1) a table listing the current draft recommendations that were circulated as part of the draft Final Report on 11 May, along with suggested edits received as of the deadline for comments; and (2) a second table where staff has attempted to draft suggested text for two of the six policy options on the question of IGO jurisdictional immunity – namely, Option 1 (setting aside the original UDRP/URS decision where an IGO successfully asserts immunity in court), and Option 4 (referral to the RPM Working Group).

We anticipate that, following the Working Group call on Friday, a formal consensus call will be opened on the mailing list, to allow all Working Group members to weigh in on all the recommendations so that appropriate consensus level designations can be made. Minority statements can also be prepared and submitted during or at the close of the formal consensus call period. At this juncture, we anticipate that the consensus call can be closed and the report finalized in time to submit the complete Final Report to the GNSO Council by 14 June 2018 (which is the document deadline for the Council’s June meeting). This is in line with the expectations of the Council.

In addition, we note that George had sent some additional notes and comments on the remainder of the draft Final Report, including suggestions on necessary amendments should one of the six policy options on IGO immunity become the group’s consensus. We thank George for his comments, which we have noted, and we direct Working Group members to the full text of his 19 May email to see all the suggestions he made: https://mm.icann.org/pipermail/gnso-igo-ingo-crp/2018-May/001206.html.

Finally, we note also that Paul Tattersfield has continued to raise concerns on the list about Professor Swaine’s memo. We take the liberty of drawing the group’s attention to the staff note of 24 April 2018 (https://mm.icann.org/pipermail/gnso-igo-ingo-crp/2018-April/001135.html) where we attempt to explain that, while Professor Swaine was not asked to opine on the situation where an IGO files suit against a registrant (the scope of the memo being limited to the situation where the IGO is asked to defend a suit filed against it by a losing registrant), these are two distinct situations, and while it is clear that in the former scenario an IGO will not have immunity (since it chose to file the lawsuit in the first place), it does not necessarily follow that this also determines the outcome of the latter scenario.  Even in the latter scenario, Professor Swaine does, in fact, acknowledge that some courts will likely not grant an IGO jurisdictional immunity since the IGO – when filing the UDRP or URS in the first place – will have consented to the Mutual Jurisdiction clause. While staff does not have a voice in a Working Group, we nevertheless believe it to be our obligation to note that we do not believe that merely having the plaintiff and defendant roles reversed in these two scenarios (i.e. what George refers to as a “quirk of process”), which is a procedural issue, is a legally substantive ground on which to invalidate Professor Swaine’s expert opinion. Please note that we offer this staff perspective without any other expectation or intention except to assist the Working Group with its final deliberations.

Thanks and cheers
Mary & Steve

From: Mary Wong <mary.wong at icann.org>
Date: Tuesday, May 22, 2018 at 17:46
To: "gnso-igo-ingo-crp at icann.org" <gnso-igo-ingo-crp at icann.org>
Subject: CONFIRMATION: IGO-INGO Access to Curative Rights Protection Mechanisms WG meeting on Friday, 25 May 2018

Dear all,

This message is being sent to confirm that the Working Group meeting will take place this Friday 25 May at 1600 UTC (as scheduled in the calendar invitation you should have received last Friday). To allow for the opening of a formal consensus call at the conclusion of the meeting, the meeting will be focused on reaching agreements or understandings about all the potential recommendations that will be in the Final Report.

With thanks to George for providing comments on the draft Final Report by the deadline, which was yesterday, staff will work with Susan and Petter to make sure that the documents to be discussed on the call are focused and circulated prior to the call as much as possible.

We anticipate that, by opening the formal consensus call at the close of the Friday meeting, we should be able to submit the Final Report to the GNSO Council by its document deadline for its June meeting, as noted previously. Should there be any minority statements, the consensus call period will also factor those in.

Thanks and cheers
Mary & Steve

From: Ntfy-gnso-igo-ingo-crp <ntfy-gnso-igo-ingo-crp-bounces at icann.org> on behalf of Terri Agnew <terri.agnew at icann.org>
Date: Friday, May 18, 2018 at 14:40
To: "Ntfy-gnso-igo-ingo-crp at icann.org" <Ntfy-gnso-igo-ingo-crp at icann.org>
Cc: "gnso-secs at icann.org" <gnso-secs at icann.org>
Subject: [Ntfy-gnso-igo-ingo-crp] Meeting Invitation (to be confirmed) IGO-INGO Access to Curative Rights Protection Mechanisms WG meeting on Friday, 25 May 2018

Dear all,

** To be confirmed**

The IGO-INGO Access to Curative Rights Protection Mechanisms meeting will take place on Friday, 25 May 2018 at 16:00 UTC for 90 minutes.
09:00 PDT, 12:00 EDT, 18:00 Paris CEST, 21:00 Karachi PKT, (Saturday) 01:00 Tokyo JST, (Saturday) 02:00 Melbourne AEST
For other times:  https://tinyurl.com/ycylqbee

Agenda Wiki:  https://community.icann.org/x/hyAFBQ

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