[gnso-igo-wt] Agenda RPM - IGO Curative Rights Work Track for 19 April 2021 15:00 UTC Meeting

Mon Apr 19 13:58:15 UTC 2021

Thanks Paul and hello everyone.

I want to address a couple of points as we move towards our call in an hour or so.

As we concluded the call last week, the group seemed to be leaning towards pursuing the work of limited amendments to a UDRP template that would be for the specific use of IGOs and, assuming agreement could be reached, then going to the Council to say ’this is what we’ve done and how we recommend solving the recommendation 5 problem’.

The limited areas for amendment were a) ’standing' (using 6ter or using the GAC list), b) removing the requirement to agree to a local jurisdiction, c) whether the registrant could bring proceedings in their local jurisdiction if they lose the UDRP and d) a ‘final’ hearing either by arbitration or a super panel.

However, in his note below Paul expresses a concern about the ’scope creep’ and suggests that maybe we should seek the Council blessing at this stage. 

If we ask the Council now then, well, we will have asked and we may get a positive or a negative response. 

If we don’t ask now, we can always ask later if we reach a point of discomfort with the level of tweaking and believe it to be unjustifiable.

So, the question for this group is whether we believe that working on a parallel process based on tweaking the limited areas for amendment already discussed can be said to be in the spirit of the PDP recommendations already accepted by the GNSO or whether we believe that the suggested path strays outside the spirit and we should therefore seek consent from the Council?

It may help us to decide the above if we could get an indication from the IGO and other GAC representatives on the call whether the concept of taking the existing UDRP and tweaking the limited areas for amendment will satisfy them. Brian indicated that such an approach may well work but towards the end of the call there was talk of bringing in other elements for amendment which I believe some in the WT (who had been prepared to consider proceeding with the discussion on the limited areas) thought was a step too far. 

So, on the call I’d like us to address these points and see if we can agree the next steps. There is no point in continuing the discussion of ‘red lining’ the current UDRP if the feeling is that we should seek Council consent. Equally, there is no point in continuing if the limited areas for amendment are insufficient to bring the IGOs into the system.

Finally, I acknowledge the note from David Satola and, David, welcome your intervention.

Cheers,

Chris Disspain
chris at disspain.uk

+44 7880 642456

> On 16 Apr 2021, at 12:12, McGrady, Paul D. via gnso-igo-wt <gnso-igo-wt at icann.org> wrote:
> 
> Thanks Chris and Jeff.  I feel a little bit like we are picking out curtains for a house that our real estate agent hasn’t convinced us to buy yet.  J  So, for now, I think I can safely thank Jeff for the work while at the same time noting that at least the IPC is not at all sure if a new policy is a good idea. We are still discussing internally (substantive concerns) and I personally am not at all sure that we should be creeping this far off charter scope without at least an informal blessing from the Council, or at absolute minimum, Council Leadership, (procedural concerns).  I am actively seeking input from the IPC, so I won’t be on this fence forever, I promise.
>  
> Best,
> Paul
>  
>  
>  
> 
> This message may contain information that is attorney-client privileged, attorney work product or otherwise confidential. If you are not an intended recipient, use and disclosure of this message are prohibited. If you received this transmission in error, please notify the sender by reply e-mail and delete the message and any attachments.
> 
> From: gnso-igo-wt <gnso-igo-wt-bounces at icann.org <mailto:gnso-igo-wt-bounces at icann.org>> On Behalf Of Chris Disspain via gnso-igo-wt
> Sent: Friday, April 16, 2021 1:25 AM
> To: Jeff Neuman <jeff at jjnsolutions.com <mailto:jeff at jjnsolutions.com>>; gnso-igo-wt at icann.org <mailto:gnso-igo-wt at icann.org>
> Subject: Re: [gnso-igo-wt] Agenda RPM - IGO Curative Rights Work Track for 19 April 2021 15:00 UTC Meeting
>  
> [EXTERNAL MESSAGE] 
> All,  
>  
> Just a note to endorse Jeff’s caveats and disclaimers below and thank him for picking up the pen on all our behalf’s. 
> 
> Cheers, 
>  
> CD
> 
> 
> On 15 Apr 2021, at 21:34, Jeff Neuman via gnso-igo-wt <gnso-igo-wt at icann.org <mailto:gnso-igo-wt at icann.org>> wrote:
> 
>  
> All,
>  
> You will see that I am the one that took a stab at the “redlines” of the IGO DRP.  I did this to give people something to look at.  A couple of disclaimers:
>  
> No one has endorsed these, I just wanted to help the group make progress.
> It is for discussion purposes only
> The language is far from perfect and I am sure can use work.
> I use the term “Arbitration” to refer to process that could occur if an IGO wins and the Registrant wants to have a rehearing.  But that could just as easily be the Super Panel that has been discussed.  Don’t focus on what it is called for now, but just know it is a reference to the “to be created rehearing process.”
> As Brian pointed out on the last call, some of the criteria had to be slightly tweaked because they applied to trademark owners and this applies to the operators/administrators of IGOs.  We wanted to make it clear that we were NOT calling them “rights owners”.
> I hope this helps move the discussion along.  If not, then at least nothing was lost.
> Thanks all!
>  
> Sincerely,
>  
> Jeff
>  
> <image001.png>
> Jeffrey J. Neuman
> Founder & CEO
> JJN Solutions, LLC
> p: +1.202.549.5079
> E: jeff at jjnsolutions.com <mailto:jeff at jjnsolutions.com>
> http://jjnsolutions.com <http://jjnsolutions.com/>
>  
>  
> From: gnso-igo-wt <gnso-igo-wt-bounces at icann.org <mailto:gnso-igo-wt-bounces at icann.org>> On Behalf Of policy--- via gnso-igo-wt
> Sent: Thursday, April 15, 2021 4:17 PM
> To: gnso-igo-wt at icann.org <mailto:gnso-igo-wt at icann.org>
> Subject: [gnso-igo-wt] Agenda RPM - IGO Curative Rights Work Track for 19 April 2021 15:00 UTC Meeting
>  
> Dear WT,
>  
> Please find below the proposed agenda for next Monday. In particular, the WT is to review the links to two proposed redlines of the UDRP Rules and Policy documents to further the WT’s deliberations.
>  
>  
> IGO-CRWT - Meeting #08
> Proposed Agenda
> Monday 19 April 2021 at 15.00 UTC
>  
> 1.          Roll Call & SOI Updates (5 minutes)
> 
> 2.          Welcome & Chair updates (Chair) (10 minutes)
> 
> a.     FYI: Work plan & status update to GNSO Council: 22 Apr 2021
> 
> 3.          Four Components of Deliberations (75 minutes)
> 
> a.     Standing - 6ter vs. GAC List // Agreeing to local jurisdiction
> b.     Court Proceeding // Arbitration
> c.     What might amendments to the UDRP (or IGODRP) look like? To support this discussion, consider very preliminary redlines:
> ·       The UDRP - https://docs.google.com/document/d/1uHi31ChcJxZ-n0e7zJrW8q251er3VESTEYa92RlgiZc/edit <https://docs.google.com/document/d/1uHi31ChcJxZ-n0e7zJrW8q251er3VESTEYa92RlgiZc/edit>
> ·       The UDRP Rules-  https://docs.google.com/document/d/1M3rXhS272tqBW1cIWY5tN-FMHsE5PBkY4CeR-hBMWKs/edit <https://docs.google.com/document/d/1M3rXhS272tqBW1cIWY5tN-FMHsE5PBkY4CeR-hBMWKs/edit>
> 4.          Next steps & closing (5 minutes)
> 
> a.     Next meeting 26 April 2021 @ 15:00 UTC
> 
>  
> Thank you,
>  
> Mary, Steve, and Berry
>  
> Berry Cobb
> GNSO Policy Consultant
> Principal | BAC in Black Consulting <http://bacinblack.com/>
> Mob: +1 (720) 839-5735
>  <https://twitter.com/berrycobb>
>  <https://www.linkedin.com/in/berrycobb/>
>  
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