[GNSO-RPM-WG] Actions & Notes: RPM PDP WG Meeting 14 August 2019

[Julie Hedlund]

Dear All,

Please see below the action items and notes captured by staff from the RPM PDP Working Group call held on 14 August 2019 at 17:00 UTC.  Staff have posted to the wiki space the action items and notes.  Please note that these are high-level notes and are not meant as a substitute for the recording, chat room, or transcript. The recording, AC chat, transcript and attendance records are posted on the wiki at: https://community.icann.org/display/RARPMRIAGPWG/2019-08-14+Review+of+all+Rights+Protection+Mechanisms+%28RPMs%29+in+all+gTLDs+PDP+WG.

Best Regards,
Julie
Julie Hedlund, Policy Director

==

NOTES & ACTION ITEMS

Actions:

ACTION ITEM: WG members to post to the list any suggestions/thoughts they may have for whether and how to review the 36 individual URS proposals to determine inclusion in the Initial Report.

Notes:

1. Updates to Statements of Interest: No updates provided.

2. Brief Discussion: Revised Chronological listing of source documents for the Trademark Clearinghouse (TMCH) – revision with edits from Kathy Kleiman and Brian Beckham athttps://drive.google.com/a/icann.org/file/d/1jRYPkK-S3TKA9HQIhN-wsn9M8cVg3S5J/view?usp=sharing [drive.google.com]<https://urldefense.proofpoint.com/v2/url?u=https-3A__drive.google.com_a_icann.org_file_d_1jRYPkK-2DS3TKA9HQIhN-2Dwsn9M8cVg3S5J_view-3Fusp-3Dsharing&d=DwMGaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=adDIs0WEx_lLwFfrsdovxTYY8GkRHo5ibc8SR3Npdh8&m=o3m92z2Kz9MgsMCec1UHtPsTaNRE48aE3hn0qj1LVrE&s=NetpsrNcZg4Z5KXSE3ug4EAKKSWjJtPayL-JH3wIFbE&e=>

-- Were the STI recommendations policy?  They weren’t Consensus Policy as they were not a result of a PDP.
-- The RPMs are not Consensus Policy, but depending on the recommendations of this PDP WG they could become policy.
-- How policies become binding: 1) PDP 2) agreement to be included in RA/contracts.
-- SubPro in looking at geographic names noted that the AGB differs in some respects from the policy, but the focus has been on whether there should be changes to the AGB, or if no agreement then the AGB would be the status quo.

3. To Inform Further WG Discussions: Review of the Final STI Report on TMCH and URS at https://gnso.icann.org/issues/sti/sti-wt-recommendations-11dec09-en.pdf [gnso.icann.org]<https://urldefense.proofpoint.com/v2/url?u=https-3A__gnso.icann.org_issues_sti_sti-2Dwt-2Drecommendations-2D11dec09-2Den.pdf&d=DwMGaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=adDIs0WEx_lLwFfrsdovxTYY8GkRHo5ibc8SR3Npdh8&m=o3m92z2Kz9MgsMCec1UHtPsTaNRE48aE3hn0qj1LVrE&s=hIYfdUl1k1NLAbiWrYc5YtBDuEqfsR6k-Ld5BN2O-gI&e=>

Link to STI report: https://gnso.icann.org/sites/default/files/filefield_8000/sti-wt-recommendations-11dec09-en.pdf

4.1 National or Multinational Registered Marks

TMCH:
-- STI Report “The TC Database should be required to include nationally or multi-nationally registered “text mark” trademarks, from all jurisdictions, (including countries where there is no substantive review). (The
Trademarks to be included in the TC are text marks because “design marks” provide protection for letters and words only within the context of their design or logo and the STI was under a mandate not to expand existing trademark rights.”
-- There is a proposal relating to this that we will address later.
-- Instead of using technical terms that might have different meanings, using more descriptive terms: pure text", "text plus graphical/visual element", and "stylized text" -- e.g. “text-only” (words, letters, numerals); “stylized text”; “text plus design/graphical/visual element”.
-- WG could look at composite marks that are protected by law and build recommendations on them.

URS:
-- Seemed to be general agreement on the last call to go through the individual proposals and those that don’t have general agreement/wide support might not be included in the Initial Report, except perhaps in an annex.
-- ACTION: Put views on the list whether to go through some sort of an additional review process.
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