[Gnso-ppsai-pdp-wg] Agenda and documents for WG call on 31 March

Mon Mar 30 18:13:54 UTC 2015

Mary,

I’m quite certain we have not come to any consensus or agreement regarding the proposed changes related to the type of signatory required.  As such it would be premature to make updates to the draft...

Thanks.

Alex

On Mar 30, 2015, at 10:28 AM, Mary Wong <mary.wong at icann.org<mailto:mary.wong at icann.org>> wrote:

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Thanks, Kathy – just to clarify that it wasn’t clear to us (staff) that the list discussions resulted in agreement to change the type of signatory, from someone who has to describe the “nature of his/her authority to speak for the TM (or copyright) owner”, with two illustrative examples (i.e. the authorization can be to a licensed attorney or a corporate officer), to a more limited class consisting either of the rights-holder, legal counsel or a corporate officer. It seemed to us that questions still remained over issues such as parity and the need to have the request originate from someone who has performed a legal analysis of the alleged infringement. I apologize if that is not the case, and am happy to change the draft as suggested for the call tomorrow.

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<mailto:mary.wong at icann.org>

From: Kathy Kleiman <kathy at kathykleiman.com<mailto:kathy at kathykleiman.com>>
Date: Monday, March 30, 2015 at 12:57
To: "gnso-ppsai-pdp-wg at icann.org<mailto:gnso-ppsai-pdp-wg at icann.org>" <gnso-ppsai-pdp-wg at icann.org<mailto:gnso-ppsai-pdp-wg at icann.org>>
Subject: Re: [Gnso-ppsai-pdp-wg] Agenda and documents for WG call on 31 March

Hi Mary and All,
I would like to point out that the discussion in Request Templates has moved a past the current draft language in II.C.6. -- and the current language still leaves room for someone to be a secretary, clerk or computer. The language being proposed last week is/was  "authorized legal representative" -- meaning counsel or attorney working for the company or as outside counsel.  It would of course be appropriate, for those businesses too small to have counsel to have the language (that is newly included), "or corporate officer with signing authority if trademark is owned by a legal entity."

So the proposed language as we were discussing it last week should be:

c)        Signed by the trademark owner (where an individual), the authorized legal representative and counsel of the trademark owner (e.g. licensed attorney handling the alleged infringement), or corporate officer with signing authority (if trademark is owned by a legal entity).
Ditto for the copyrights. Now we have someone we can trust to submit the Reveal Request - and someone we can trust with the personal and sensitive data when it is Revealed - a proper authority for accountability!
Best,
Kathy

On 3/30/2015 10:45 AM, Mary Wong wrote:
Dear all,

The proposed agenda for our call on Tuesday 31 March is as follows:

  1.  Roll call/updates to SOI
  2.  Discuss Annex to draft Disclosure framework document (see attachment)
  3.  Discuss Section III.C of draft Disclosure framework document (see second attachment)
  4.  Discuss remaining issues concerning draft Disclosure framework and Category F (if time permits)
  5.  Next steps/next meeting

Please note that for ease of review, the Annex has been saved – and is being circulated as – a separate document. In this version, staff has attempted to rephrase (without changing the meaning or substance) of some of the language that appeared as shorter-form text in the original draft framework. We have also inserted two comments/questions for consideration by the WG.

Please note also that, in respect of the draft Disclosure framework document, this version accepts most of the changes discussed/proposed at the last few meeting, with the exception, mainly, of the following:

  *   The details to be disclosed about the identity of the Requestor, including who can be a Signatory: this version includes the recent changes from 16 & 22 March proposed by Kathy, with the exception that an option to replace the specific senior titles for a Signatory with the concept of an authorized corporate officer is offered.
  *   The grounds for refusal to disclose in III.C: this version incorporates suggestions from the last WG call and adds the language suggested by Todd Williams to III.C.5.

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<mailto:mary.wong at icann.org>

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