Issue
Protection of Certain International Organization Names in all gTLDs
Upcoming Important Dates
GNSO Council consideration of the recommendations report to the ICANN Board (23 January), Board consideration of GNSO PDP recommendations (possibly early February 2014)
Summary
The GNSO Council initiated a policy development process (PDP) to evaluate the need for, and develop policy recommendations to provide additional permanent special protections at the top and second level in all gTLDs for the names and acronyms of certain International Government Organizations (IGOs) and International Non-Government Organizations (INGOs), including the International Committee of the Red Cross, the International Federation of Red Cross and Red Crescent Societies and the American Red Cross (collectively, the “RCRC”) and the International Olympic Committee (“IOC”). The PDP Working Group (WG) is concluding its deliberations on possible recommendations for permanent protections for identifiers in all gTLDs for the organizations mentioned previously. After considering specific issues outlined in its charter, including an evaluation of the existing scope of legal protection for the names of IGOs and INGOs under international law, the WG is currently considering proposed recommendations to protect IGO, IOC and RCRC names including those which are consistent with the GAC advice with the exception on the protection of acronyms. The WG found that there was virtually no support to reserve acronym identifiers at the Top-Level via Applicant Guidebook nor was there support – apart from the IGOs that were represented in the WG - to protect IGO acronyms at the Second-Level via Specification 5 the new gTLD Registry Agreement. The WG completed its review of comments received on the Draft Final Report and submitted the Final Report to the GNSO Council for its consideration on 10 November 2013. The GNSO Council unanimously adopted the consensus recommendations contained in the Final Report. In short, the recommendations cover the following dimensions:
- Application to existing gTLDs, the current round of new gTLDs, and future rounds of new gTLDs
- The full name and acronym of the organizations seeking protection, specified in a limited list of identifiers
- Translation of protected identifiers in a certain specified number of languages other than English
- Top level reservation of full names denoted as "strings ineligible for delegation" with an exception procedure to be devised
- Second level reservation of full names within Registry Agreements with an exception procedure to be devised
- No reservations either at the top or second level for acronyms
- Access to the Trademark Clearinghouse (TMCH) for those full names and acronyms not reserved, for a 90-days claims notification process
- IGO and INGO access to curative rights protection mechanisms such as the Uniform Dispute Resolution Policy and Uniform Rapid Suspension procedure to be examined through an Issue Report preceding a possible PDP
- The formation of an Implementation Review Team to assist with implementation should the Board adopt the GNSO recommendations
ALAC Engagement Opportunity Status
A public comment forum on the policy recommendations prior to Board consideration was held. Furthermore, the GAC has been invited to provide input to the ICANN Board on these recommendations if it believes that there are public policy issues raised by these recommendations.
