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

[Kathy Kleiman]

Hi Val,
Thank you for new language as we work to close the report for 
publication. May I ask a few questions?

In III.B.2 - the change from [existing] (2)  state to Requestor in 
writing or by electronic communication its reasons for refusing to 
disclose to
[new/proposed] (2) state to Requestor in writing or by electronic 
communication its the specific reasons for refusing to disclose --

seems to raise the bar on the response of the Provider to the Requestor 
-- and there may be many Requests!  So let me as, what are you thinking 
of in terms of the "specific reasons" that a Provider might have to 
give?  How extensive or detailed would you like their answers to be?


Re: III.C.2 and 3 I think the existing language is quite good -- with 
apologies, because I know the genuine good will in which the changes are 
offered, bringing in a Customer's "belief" and the Providers "belief" 
seems a little ambiguous and hard to prove.

I look forward to looking at III.B.2 with you... but re: III.B.3, I 
think we had pretty good agreement on the existing language and these 
new proposals may result is a lot of additional work and discussion.

Best,
Kathy




On 4/14/2015 4:12 PM, Sherman, Valeriya wrote:
>
> PPSAI Team:
>
> Given that we are getting ready to publish the initial report, we’d 
> like to propose the following, hopefully non-contentious suggestions 
> to III.B, C, and E.
>
> We look forward to your thoughts.
>
> B.            …
>
> (1)…
>
> (2)state to Requestor in writing or by electronic communication its 
> the specific reasons for refusing to disclose.
>
> (3)…
>
> 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)…
>
> (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 Requestor’s claimed intellectual property rights, 
> and/or (ii) that its use of the claimed intellectual property is 
> defensible;
>
> (Note: This language tracks the Requestor’s 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 Requestor’s claimed intellectual property rights, 
> and/or (ii) that the Customer’s use of the claimed intellectual 
> property is defensible;
>
> (4)…
>
> (5)…
>
> …
>
> 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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