MOTION FOR A PROPOSED MODIFICATION OF THE GNSO’S CONSENSUS RECOMMENDATIONS RELATING TO RECOMMENDED SECOND LEVEL PROTECTIONS FOR IGO ACRONYMS AND CERTAIN RED CROSS IDENTIFIERS
Made by: Thomas Rickert
Seconded by:
- On 17 October 2012 the GNSO initiated a Policy Development Process (PDP) to evaluate the need for protections for International Governmental Organizations (IGOs) and International Non-Governmental Organizations (INGOs) at the top and second level in all gTLDs;
2. On 10 November 2013 the PDP Working Group (IGO-INGO PDP WG) delivered its Final Report to the GNSO Council that included twenty-five consensus recommendations of the WG;
3. On 20 November 2013 the GNSO Council unanimously adopted all twenty-five consensus recommendations of the IGO-INGO PDP WG and forwarded them to the ICANN Board in January 2014 with a recommendation for their adoption;
4. On 7 February 2014 the ICANN Board: (i) acknowledged receipt of the GNSO Council’s recommendations; (ii) requested further time to consider them; and (iii) directed the Board’s New gTLD Program Committee (NGPC) to develop a proposal for subsequent Board consideration that would take into account the GNSO’s recommendations and GAC advice received on the topic;
5. In March 2014 the NGPC sent a proposal to the GAC for its consideration and notified the GNSO Council accordingly;
6.On 30 April 2014 the Board resolved to adopt those of the GNSO’s recommendations that are not inconsistent with GAC advice, and to facilitate dialogue between the affected parties to reconcile the remaining differences, as further detailed in Annex A and Annex B of the Board’s resolution;
7.The GNSO’s recommendations and GAC advice are largely consistent except in relation to the duration and mechanism of protection for IGO acronyms and the full names and acronyms of 189 Red Cross national societies and the international Red Cross and Red Crescent movement, for which the GNSO had recommended a 90-day period of protection by way of a claim notification service through the Trademark Clearinghouse (TMCH);
8. The GAC had requested, in its July 2013 Durban, November 2013 Buenos Aires and March 2014 Singapore Communiques, that protection for IGO acronyms be at low or no cost to the organizations, and include binding third party review in the event of a second level dispute with a registrant, and that the same complementary cost-neutral mechanism be used for the acronyms of the International Committee of the Red Cross (ICRC/CICR) and the International Federation of Red Cross and Red Crescent Societies (IFRC/FICR);
9. In its March 2014 Singapore Communique, the GAC had also clarified that its request for permanent protection for the terms most closely associated with the international Red Cross and Red Crescent movement included the 189 Red Cross and Red Crescent national societies and the full names of International Committee of the Red Cross and International Federation of the Red Cross and Red Crescent Societies;
10. On 16 June 2014 the NGPC sent a letter to the GNSO Council requesting that the GNSO consider modifying its recommendations relating to the duration and mechanism of protection for IGO acronyms and national society names of the Red Cross in accordance with Section 16 of the GNSO’s PDP Manual;
11. Section 16 of the GNSO’s PDP Manual foresees that approved GNSO Council policies may be modified or amended by the GNSO Council at any time prior to final approval by the ICANN Board; and
12. The GNSO Council has reviewed and discussed the NGPC’s request as well as section 16 of the GNSO’s PDP Manual;
RESOLVED:
- The GNSO Council hereby reconvenes the IGO-INGO PDP WG and re-confirms Thomas Rickert as its Chair;
2. The GNSO Council requests the reconvened IGO-INGO PDP WG to consider the feasibility and practicability of the attached [INSERT LINK] proposed amendment/modification of the GNSO’s recommendations pertaining to the duration and mechanism of protection for IGO acronyms and certain additional identifiers of Red Cross national societies;
3.The GNSO Council requests that the IGO-INGO PDP WG provide the Council with its recommendation in relation to the proposed amendment/modification within forty-five (45) days of the reconvening of the WG;
4. The GNSO Council requests that, within seven (7) calendar days of this resolution, ICANN staff publish the proposed amendment/modification for public comment for a period of not less than thirty (30) days; and
5. Following receipt of the IGO-INGO PDP WG’s response and the closure of the public comment period, the GNSO Council will consider all responses received in determining whether or not to adopt the proposed amendment/modification and notify the NGPC of its decision accordingly.
