[At-Large] New gTLD implementation Consultation Session London15 July 2009

[Elisabeth Porteneuve]

I hate to say it, but trademark/IP issues were written into the initial MoU, 
which became current JPA, item V.C.9.d quoted below. 
http://www.icann.org/en/general/icann-mou-25nov98.htm


9. Collaborate on the design, development and testing of a plan for creating 
a process that will consider the possible expansion of the number of gTLDs. 
The designed process should consider and take into account the following:

a. The potential impact of new gTLDs on the Internet root server system and 
Internet stability.

b. The creation and implementation of minimum criteria for new and existing 
gTLD registries.

c. Potential consumer benefits/costs associated with establishing a 
competitive environment for gTLD registries.

d. Recommendations regarding trademark/domain name policies set forth in the 
Statement of Policy; recommendations made by the World Intellectual Property 
Organization (WIPO) concerning: (i) the development of a uniform approach to 
resolving trademark/domain name disputes involving cyberpiracy; (ii) a 
process for protecting famous trademarks in the generic top level domains; 
(iii) the effects of adding new gTLDs and related dispute resolution 
procedures on trademark and intellectual property holders; and 
recommendations made by other independent organizations concerning 
trademark/domain name issues.


Elisabeth


----- Original Message ----- 
From: "Ross Rader" <ross at tucows.com>
To: "At-Large Worldwide" <at-large at atlarge-lists.icann.org>
Sent: Thursday, July 16, 2009 4:04 PM
Subject: Re: [At-Large] New gTLD implementation Consultation Session 
London15 July 2009


>
> On Jul 16, 2009, at 8:11 AM, Olivier MJ Crepin-Leblond wrote:
>
>>  Jonathan Cohen, Senior Partner at Shapiro Cohen replied that this  was 
>> false
>
> Jonathan has been promulgating that myth since 2000 when he sat on the 
> board. Then he stated "Protecting intellectual property rights is  written 
> into the bylaws, deal with it" (paraphrasing, I can't readily  find the 
> exact quote from the transcripts...)
>
> "Intellectual Property" is only mentioned in the bylaws in the context  of 
> the constituency structures and processes. No where in the bylaws  does it 
> state that the protection of IP and marks is in scope for the 
> organization. As far as his mention of ICANN's "principles" go, I'd  need 
> a citation. I don't believe that there is a document that could  be called 
> "ICANN's Principles" and even if it does it exist, it would  likely be 
> non-binding. The only documents that matter in this regard  are the 
> Articles of Incorporation, the Bylaws and consensus policy,  none of which 
> could be construed as determining whether the IRT is in- scope or not.
>
> /r
>
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