[ALAC] [At-Large] Summary of Trademark Clearing House Meeting [Remote Streaming]

Tue Aug 21 21:18:06 UTC 2012

Dear Sala and all,

thanks for the interesting points you raised. And we touched this issue during our monthly call tonight. A highly relevant question is - what Rudi mentioned below - "Who pays for the services that are of benefit to the Trademark owners ?" Is it - at the end of the chain - the end user again who has to refund all the related investments? This should be a key question for our community.

Kind regards,
Wolf

Salanieta T. Tamanikaiwaimaro wrote Wed, 22 Aug 2012 08:28:
>Dear All,
>
>In any regulatory model where infrastructure is being set up, in this case
>a specific type of information infrastructure, there are serious costs
>associated with it, whether they are CAPEX or OPEX costs. For those putting
>in the investment, there is an expected return on investment whether this
>is over a period of time or not. The complexity in what is being set up
>lies in the fact that a data bank does not exist yet, in other worlds when
>the queries are pumped into the system than they will form a baseline where
>others can eventually draw or issue new searches etc. It is another thing
>to make it interoperable where these queries can be run across multiple
>registries. There are many other factors and variables to consider, for
>instance, updating caches or lists and when that is going to be done.
>
>They are at the moment brainstorming on the general architecture that it
>should take from a technical operational standpoint to something that is
>workable and efficient and that can be used. As you can imagine they have
>to do this carefully because of the obligations that come with it. My view
>is that we wait for them to work on their Version 2 which will be
>significantly different from Version 1 as there were many things discussed
>in the meeting as it was more like a directly affected stakeholder
>consultation if you wish. Yes, we are stakeholders too and there is nothing
>to stop us from joining the mailing list or reading the wiki etc but at
>this stage, I would say we wait and analyse the Version 2 which will be
>posted for comments and where other constituencies and advisory committees
>will be asked for their perspective.
>
>Of course this is not to stop us from working on a few things now.
>
>Kind Regards,
>Sala
>
>On Wed, Aug 22, 2012 at 4:33 AM, Rudi Vansnick <rudi.vansnick at isoc.be>wrote:
>
>> Dear all,
>>
>> When reading through the Trademark Clearinghouse: Preliminary Cost Model
>> (version 1 June 2012) I was surprised reading the following paragraph :
>>
>> > Services to Registries
>> > Initial implementation and fee discussions indicate that registries will
>> pay for access to the Clearinghouse database. Further details are still
>> being worked out; however, initial estimates based on currently available
>> information indicate that a set-up fee of USD 7,000 - 10,000 will be due
>> per TLD registry. The set-up fee would cover Sunrise and Trademark Claims
>> processes as established by ICANN, as well as assistance in integration and
>> testing. Additional fees will be due in other circumstances such as
>> participation in other programs or ancillary services.
>>
>> Does this mean the registries do have to pay for the services that are of
>> benefit to the Trademark owners ? In the previous paragraph is mentioned :
>>
>> > Services to Rightsholders
>> > The primary services offered to rights holders are: (1) authentication
>> as a trademark and (2) validation of proof-of-use. The first establishes
>> that rights information meets the criteria for Clearinghouse inclusion and
>> the second establishes that a Clearinghouse record meets the standard for
>> Sunrise eligibility as described by ICANN, i.e., demonstration of use of
>> the trademark. A bundled fee is expected where these services are performed
>> together. Proof of use validation would also be available at an individual
>> price if such is requested subsequent to the original submission of rights
>> data for authentication.
>> > The bundled fee or price for these initial services (authentication and
>> validation) is expected to be less than USD 150 per submission. Annual
>> renewal fees for Clearinghouse records are expected at a percentage of the
>> initial price. The low fee requires that submissions be inexpensive and
>> straightforward to process. Complex circumstances and additional services
>> will add to the cost.
>> > There may be additional charges if further scrutiny is required (such as
>> a re-submission due to errors in the original submission or an appeal to
>> the initial Clearinghouse determination). Also, non-electronic submissions
>> might be available at a higher rate in order to cover handling costs.
>>
>>
>> As such I understand the Trademark owners just pay a very small fee to get
>> their name been protected while the majority of the cost is covered by the
>> registry, which in the end means the registrant will pay for it !!
>>
>> What's ALAC's position in this ?
>>
>>
>> Rudi Vansnick
>>
>>
>> Op 21-aug-2012, om 17:56 heeft Salanieta T. Tamanikaiwaimaro het volgende
>> geschreven:
>>
>> > Dear All,
>> >
>> > There was a 2 day meeting which concluded today on Trademark Clearing
>> Hose
>> > Draft Implementation Model that was tabled in Prague. There was much
>> > discussion stemming from the 2 day meeting that was productive. The
>> > recordings are available and hopefully will be posted on
>> > http://newgtlds.icann.org/en/about/trademark-
>> >
>> > For now here is my take on what occurred.
>> >
>> > --
>> > Salanieta Tamanikaiwaimaro aka Sala
>> > P.O. Box 17862
>> > Suva
>> > Fiji
>> >
>> > Twitter: @SalanietaT
>> > Skype:Salanieta.Tamanikaiwaimaro
>> > Fiji Cell: +679 998 2851
>> > <Trademark Clearing House Draft Implementation
>> Model.docx>_______________________________________________
>> > At-Large mailing list
>> > At-Large at atlarge-lists.icann.org
>> > https://atlarge-lists.icann.org/mailman/listinfo/at-large
>> >
>> > At-Large Official Site: http://atlarge.icann.org
>>
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>
>
>
>-- 
>Salanieta Tamanikaiwaimaro aka Sala
>P.O. Box 17862
>Suva
>Fiji
>
>Twitter: @SalanietaT
>Skype:Salanieta.Tamanikaiwaimaro
>Fiji Cell: +679 998 2851
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