[gnso-igo-wt] [Ext] RE: EPDP_SCRP_IGO - Proposed Text for Recommendation #2

Berry Cobb Berry.Cobb at icann.org
Mon Nov 15 16:54:26 UTC 2021

Hi All,

One slight edit. The word “generally” was added to the proposal below to make the sentence “….generally consistent….”.  You will see it highlighted below in red.

Thank you.


Berry Cobb
Policy Development - Portfolio Manager
Internet Corporation for Assigned Names and Numbers (ICANN)
berry.cobb at icann.org

From: "McGrady, Paul D." <PMcGrady at taftlaw.com>
Date: Monday, November 15, 2021 at 11:34
To: Berry Cobb <Berry.Cobb at icann.org>, Terri Agnew via gnso-igo-wt <gnso-igo-wt at icann.org>
Subject: [Ext] RE: EPDP_SCRP_IGO - Proposed Text for Recommendation #2

Thanks Berry.  Your iteration far below makes sense to me.


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From: gnso-igo-wt <gnso-igo-wt-bounces at icann.org> On Behalf Of Berry Cobb via gnso-igo-wt
Sent: Monday, November 15, 2021 10:32 AM
To: Terri Agnew via gnso-igo-wt <gnso-igo-wt at icann.org>
Subject: [gnso-igo-wt] EPDP_SCRP_IGO - Proposed Text for Recommendation #2

Dear All,

Per the Chair’s request today, please see below the proposed text on Recommendation #2 based on review of the public comments. Absent of any objection by 19 Nov 2021 at 23:59, the leadership team will consider this proposal stable.

Initial Report - Recommendation #2: Cumulative Effect of Recommendations #3, #4, #5 & #6
If the GNSO Council approves the recommendations set out below in Recommendations #3, #4, #5 and #6, then the EPDP team recommends that the original Recommendation #5 from the IGO-INGO Access to Curative Rights Protections PDP be rejected.


  *   Delete Recommendation #2 in its entirety and renumber Recommendations #3, #4, #5 & #6 accordingly.
  *   Add specific text to the opening portion of the Recommendations section of the Final Report (currently Section 2 of the Initial Report) as follows:

“The GNSO Council voted not to approve the original Recommendation #5 from the IGO-INGO Access to Curative Rights Protection Mechanisms PDP. The EPDP Team’s collective understanding is that the GNSO Council thereby rejected the original Recommendation #5 and, instead, tasked the RPM Phase 1 PDP Working Group to develop a policy solution for the problem that the original Recommendation #5 was intended to solve and that would be generally consistent with Recommendations #1 - #4 from that PDP. The EPDP Team believes that its final recommendations (below) address the issues raised by IGOs’ jurisdictional immunity in relation to court proceedings following a UDRP or URS decision. As such, the EPDP Team recommends that the GNSO Council approve the following final [Recommendations #3 - #5] from this EPDP.”

Thank you.


Berry Cobb
GNSO Policy Consultant
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