[gnso-igo-wt] EPDP_SCRP_IGO - PCRT-Rec#3 Extract - New Idea

Justine Chew justine.chew.icann at gmail.com
Fri Nov 19 13:27:30 UTC 2021


+1 Brian

Kind regards,
Justine



On Fri, 19 Nov 2021 at 21:00, BECKHAM Brian via gnso-igo-wt <
gnso-igo-wt at icann.org> wrote:

> Thanks Berry, all,
>
>
>
> Having again considered this proposal, from IGOs’ perspective, insofar as
> the proposal gets rid of the mutual jurisdiction clause altogether, that
> addresses one concern.  But, and as was stated on an earlier call, it
> only does so by delaying the jurisdictional issue.
>
>
>
> Under the proposal, if the IGO loses the UDRP they have no other option
> but to go to court.  This misses a core WG goal of respecting IGOs’ status
> under international law regarding immunity.
>
>
>
> Also under the proposal, if the IGO wins the UDRP, the registrant can
> *unilaterally* force the IGO to face that same court dilemma (as Mr.
> Kirikos explains:  “they can simply set the adverse decision aside by
> invoking the Notice of Objection, making the [UDRP] loss [by the
> registrant] not enforceable”).  The proposed solution to this rather
> obvious potential gaming scenario is to require a challenge notice fee.
> While on a very rudimentary level that may appear to be a manageable
> risk/solution, fundamentally it seems to overlook the fact that the appeal
> would happen in court, not under arbitration.  This misses the mark.
>
>
>
> Best regards,
>
>
>
> *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 5:51 PM
> *To:* Berry Cobb via gnso-igo-wt <gnso-igo-wt at icann.org>
> *Subject:* [gnso-igo-wt] EPDP_SCRP_IGO - PCRT-Rec#3 Extract - New Idea
>
>
>
> Hi All,
>
>
>
> Per the Chair’s request today, please find attached and extract of the new
> idea as presented by Leap of Faith Financial Services regarding the “Notice
> of Objection”. Please review this material in advance our next call on 22
> Nov 2021 at 15:00 UTC.
>
>
>
> Thank you.
>
>
>
> B
>
>
>
>
>
> Berry Cobb
>
> Policy Development - Portfolio Manager
>
> Internet Corporation for Assigned Names and Numbers (ICANN)
>
> berry.cobb at icann.org
>
>
>
>
>
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