[Gnso-newgtld-wg-wt5] Follow up on comment in chat during WT5 meeting of 6 June

Fri Jun 8 06:15:48 UTC 2018

Dear WT5 colleagues,

I write to follow up on my comment in the AC chat near the end of our
meeting on 6 June 2018 (Heather Forrest: In my view all of the proposals
above based on quantitative thresholds suffer from randomness. I do not
support the use of the letter of support/non-objection for other reasons
already noted on the list, but these proposals create more problems. AND
Heather Forrest:+1 Liz - and indeed I should have said 'arbitrariness'
rather than 'randomness' (apologies- it's early morning here in APAC!)).
I'm sorry that I had to drop the call soon after to attend another meeting,
so was unable to provide context or answer questions.

In the policy development process that led to the 2012 AGB the protection
of famous and well-known trademarks, a legal right explicitly recognised by
the Paris Convention for the Protection of Industrial Property (to which
177 countries are a member), was ultimately not adopted by the GNSO or
implemented in the AGB. There is a very long history here that goes back to
the Implementation Review Team (several highly experienced members of this
PDP were members of that RT), but for our purposes I’ll just highlight that
protection of famous trademarks through a ‘Globally Protected Marks List’
(often referred to then as ‘GPML’) was rejected due to equivalent concerns
as those raised by myself and others in our call about the use of
quantitative, geographic eligibility criteria for protection.

Those involved in the PDP at that time found it challenging to determine
the criteria for identifying a mark as famous, and thus eligible to be
included on the GPML. The inherently arbitrary nature of quantitative,
geographical criteria (e.g., the mark being protected by registration in a
specified number of jurisdictions in each of the five ICANN regions) was
vigorously debated at ICANN35 in June 2009. At United States Congressional
oversight hearings on new gTLDs in May 2011, ICANN’s then Senior Vice
President for Stakeholder Relations cited concerns expressed by WIPO as to
the mechanics of such a list and opposition from the GAC as chief obstacles
to its implementation in new gTLD policy. He concluded: ‘The time,
commitment and resources (from ICANN and the community) needed to create
and maintain such a list would provide only marginal benefits as such a
list would apply to only a small number of names and only for identical
matches of those names.’  (
https://www.icann.org/en/system/files/files/pritz-to-goodlatte-07jun11-en.pdf
)

Should WT5 conclude that it is now appropriate to use quantitative
geographic criteria in relation to requirements on city names (as I have
expressed before in meetings and submissions, I do not personally support
this conclusion), we must be prepared to explain in detail in the Final
Report how these criteria overcome challenge on the ground of
arbitrariness, and are not inconsistent with this earlier GNSO policy
decision.

 Best wishes,

Heather Forrest
---------- Forwarded message ----------
From: Terri Agnew <terri.agnew at icann.org>
Date: Thu, Jun 7, 2018 at 1:25 PM
Subject: [Gnso-newgtld-wg-wt5] Recordings, attendance & Adobe Connect chat
from GNSO New gTLD Subsequent Procedures PDP WG Work Track 5 (Geographic
Names at the top-level) call / Wednesday, 06 June 2018
To: "gnso-newgtld-wg-wt5 at icann.org" <gnso-newgtld-wg-wt5 at icann.org>
Cc: "gnso-secs at icann.org" <gnso-secs at icann.org>

Dear all,

Please find the attendance and Adobe Connect chat of the call attached. The
MP3 and Adobe Connect recording is below for the GNSO New gTLD Subsequent
Procedures PDP WG Work Track 5 (Geographic Names at the top-level) call held
 on Wednesday, 06 June 2018 at 20:00 UTC.

Agenda wiki page:   https://community.icann.org/x/MScFBQ

As a reminder only members can join the call, observers can listen to the
recordings and read the transcript afterwards. Please email
gnso-secs at icann.org if you would like to change your status from observer
to member.

*Mp3: * https://audio.icann.org/gnso/gnso-new-gtld-subsequent-
track5-06jun18-en.mp3

*Adobe Connect recording: *https://participate.icann.org/p8b696447i2/
<https://participate.icann.org/p8b696447i2/?OWASP_CSRFTOKEN=d01eb915b907ba60b592ccc21320b2067715609560b344fb59191929d07b3045>

The recordings and transcriptions of the calls are posted on the GNSO
Master Calendar page: http://gnso.icann.org/en/group-activities/calendar

** Please let me know if your name has been left off the list **

Mailing list archives: http://mm.icann.org/pipermail/gnso-newgtld-wg-wt5/

Main wiki page:  https://community.icann.org/x/YASbAw

Thank you.

Kind regards,

Terri

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