[At-Large] [NA-Discuss] GAC Scorecard Comments due by 25 March

Hong Xue hongxueipr at gmail.com
Thu Mar 24 02:14:16 UTC 2011

Dear Evan,

Many thanks for the added part on PDPDR. It is terrific.

For substantive evaluation, I do see your point but still cannot go with
GAC. No rule-making can satisfy all the parties and interests. We can only
stick to our priority and focus. If at-large has to pick a side between
trademark registrants and new gTLD applicants, I'd rather choose the latter
if free speech and free flow of information are implicated by the

Indeed trademark registrations varies significantly among territories. In
some territory, a trademark registration can be completed in roughly 4 days
and an applicant can literally register any character or device, even though
some are extremely inappropriate for the registrants to obtain the exclusive
rights. If GAC model is adopted, these non-evaluated registrations would be
as valid as other "real" registrations, which may be convenient for
trademark registrants to fight against new gTLD strings. But why should
ICANN policy be so trademark-friendly?

Absolutely no race among regions-:) Particularly I've not seen anyone
joining me from my Region-:(


On Wed, Mar 23, 2011 at 10:18 PM, Evan Leibovitch <evan at telly.org> wrote:

> On 23 March 2011 08:16, Hong Xue <hongxueipr at gmail.com> wrote:
>> My comments have been posted on the page. Again I haven't heard anything
>> from APRALO list. But at least I for one have commented from AP at-large.
> Hi Hong,
> I have two responses to your comment:
> On the issue of "substantive evaluation", the GAC point was that not every
> country has that level of scrutiny on its own nation's trademarks, and that
> these countrry's trademarks should not be invalidated (for these purposes)
> due to lack of such evaluation. Can we suggest an alternate wording that
> addresses this?
> I have incorporated your views on the PDDRP and hope you find them
> sufficiently strong.
> Thank you for your timely and effective input! This is not a race between
> regions; I am simply trying to get as much community input as possible, as
> quickly as possible.
> - Evan

Dr. Hong Xue
Professor of Law
Director of Institute for the Internet Policy & Law (IIPL)
Beijing Normal University
http://www.iipl.org.cn/ <http://iipl.org.cn/>
19 Xin Jie Kou Wai Street
Beijing 100875 China

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