[gnso-igo-wt] EPDP_SCRP_IGO - Proposed Text for Recommendation #6

Berry Cobb Berry.Cobb at icann.org
Mon Nov 22 23:14:37 UTC 2021

Hi All,

Please review the updated text for Recommendation #6 (attached) by 29 Nov 2021. The intent is to consider this stable our next meeting.

What was changed:

  *   The second bracketed text while wordy, was considered the safest option because it's an extract from the UDRP/URS. The first bracketed text and brackets were removed.
  *   Regarding "or meaningful defenses" suggested by the IPC. Who is going to decide them? Same question for suitable cause of action? The arbitrator can rule on these. If there is a cause of action, then there is a meaningful defense. Never heard of a cause of action not also having a meaningful defense. Please refer to the recording at the 15:00 min mark for the group's deliberations. The “no meaningful defenses” text was removed.

Recording: https://community.icann.org/display/GNSOIWT/2021-11-22+EPDP+Specific+Curative+Rights+Protections+IGOs

Thank you.


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

From: gnso-igo-wt <gnso-igo-wt-bounces at icann.org> on behalf of BECKHAM Brian via gnso-igo-wt <gnso-igo-wt at icann.org>
Reply-To: BECKHAM Brian <brian.beckham at wipo.int>
Date: Tuesday, November 16, 2021 at 04:10
To: "gnso-igo-wt at icann.org" <gnso-igo-wt at icann.org>
Subject: Re: [gnso-igo-wt] EPDP_SCRP_IGO - Proposed Text for Recommendation #6

Thanks Berry, all,

As between the bracketed options, the second is preferable (both because it reflects the UDRP text, and as the first option may be subjective or impossible to ascertain in advance).

Also tend to agree with comment 2 from Mary/Staff.


From: gnso-igo-wt <gnso-igo-wt-bounces at icann.org> On Behalf Of Berry Cobb via gnso-igo-wt
Sent: Tuesday, November 16, 2021 1:30 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 #6

Dear All,

Per the Chair’s request today, please find attached the proposed text on Recommendation #6 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.

This is also posted on the wiki: https://community.icann.org/display/GNSOIWT/Final+Report

Thank you.


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

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