[Gnso-ppsai-pdp-wg] PPSAI - suggestions for III.B, C, and E

[Mary Wong]

Thanks for the proposal, Val. Since staff will be circulating a proposed
final draft of the Disclosure Framework and Annex for everyone¹s review by
Thursday, we¹d appreciate it if WG members could weigh in on Val¹s suggested
language before then!

Thanks and cheers
Mary

Mary Wong
Senior Policy Director
Internet Corporation for Assigned Names & Numbers (ICANN)
Telephone: +1 603 574 4892
Email: mary.wong at icann.org



From:  <Sherman>, Valeriya <vsherman at sgrlaw.com>
Date:  Tuesday, April 14, 2015 at 16:12
To:  "gnso-ppsai-pdp-wg at icann.org" <gnso-ppsai-pdp-wg at icann.org>
Subject:  [Gnso-ppsai-pdp-wg] PPSAI - suggestions for III.B, C, and E

> PPSAI Team:
>  
> Given that we are getting ready to publish the initial report, we¹d like to
> propose the following, hopefully non-contentious suggestions to III.B, C, and
> E.  
>  
> We look forward to your thoughts.
>  
> B.            Š
>  
> (1)               Š
> 
> (2)               state to Requestor in writing or by electronic communication
> its the specific reasons for refusing to disclose.
> 
> (3)               Š
> 
>  
> C.            Disclosure can be reasonably refused, for reasons consistent
> with the general policy stated herein, including, but not limited to any of
> the following:
>  
> (1)               Š
> 
> (2)               the Customer has objectsed to the disclosure and has
> providesd [adequate sufficient] reasons against disclosure, including without
> limitation a reasonable defense for its use of the trademark or copyrighted
> content in question for believing (i) that it is not infringing the
> Requestor¹s claimed intellectual property rights, and/or (ii) that its use of
> the claimed intellectual property is defensible;
> 
> (Note: This language tracks the Requestor¹s standards warranting disclosure,
> and is the opposite side of the same coin.)
> 
> (3)               the Provider has found provides [adequate sufficient]
> reasons against disclosure for believing (i) that the Customer is not
> infringing the Requestor¹s claimed intellectual property rights, and/or (ii)
> that the Customer¹s use of the claimed intellectual property is defensible;
> 
> (4)               Š
> 
> (5)               Š
> 
>  
> Š
>  
> E.      If refusal to disclose is based on objection to disclosure by the
> Customer, Requestor  be informed of the reasons for objection. (Could be
> consolidated with III B (2)).
> 
>  
> 
>  
> 
> Valeriya  Sherman <http://www.sgrlaw.com/attorneys/profiles/sherman-valeriya/>
> | Attorney at Law
> 
> 
> 202-973-2611 phone
> 202-263-4326 fax
> www.sgrlaw.com <http://www.sgrlaw.com>
> vsherman at sgrlaw.com <mailto:vsherman at sgrlaw.com>
> 
> 
> 1055 Thomas Jefferson Street, N.W.
> Suite 400
> Washington, D.C. 20007
> 
> 
> Ms. Sherman's practice is limited to matters before federal courts and before
> the United States Patent and Trademark Office.
> She is not admitted in the District of Columbia.
> 
> 
>  <http://www.sgrlaw.com>  Smith, Gambrell & Russell, LLP
> 
> 
> 
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