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Vote CloseDate of SubmissionStaff Contact and EmailStatement Number
11.10.2013Draft Final Report on Protection of IGO and INGO Identifiers in All gTLDsAdopted
11Y12Y, 0N, 0A 

Alan Greenberg

(NARALO)Evan Leibovitch

(NARALO)

22.10.201325.10.2013
12:00 
25.10.2013
23:00
25.10.2013
23:00
31.10.201301.11.2013
23:00
01.11.2013Mary Wong
policy-staff@icann.org
 
AL-ALAC-ST-10131113-0201-0001-EN
Comment / Reply Periods (*)
Comment Open Date: 
20 September 2013
Comment Close Date: 
11 October 2013 - 23:59 UTC
Reply Open Date: 
12 October 2013
Reply Close Date: 
1 November 2013 - 23:59 UTC

...

FINAL VERSION TO BE SUBMITTED IF RATIFIED

The final version to be submitted, if the draft is ratified, will be placed here by upon completion of the vote. 

FINAL DRAFT VERSION TO BE VOTED UPON BY THE ALAC

 

 

...

Please click here to download a copy of the PDF below.

PDF
nameAL-ALAC-ST-1113-01-02-EN.pdf

FINAL DRAFT VERSION TO BE VOTED UPON BY THE ALAC

This ALAC Statement is intended to serve the triple purpose of being a reply to the Public Comment on the Draft Final Report on Protection of IGO and INGO Identifiers in All gTLDs, an ALAC Minority Statement to be attached to the Final Report (modified as necessary based on the content of the Final Report compared to the draft version), and a Statement of Advice to the ICANN Board.

The ALAC has made a number of statements on the protection of IGO and INGO names, and has participated actively in all GNSO activities related to this topic. Our views specific outcomes of this PDP are at the end of this statement.

...

  1. ICANN should grant special protection to organizations that further the public interest and in particular, those with a strong track record of humanitarian activities. However, such protections should only be granted where there is a history or reasonable expectation that the lack of protections would lead to the misrepresentation of the organizations, fraud, deliberate confusion, or other malfeasance.
  2. Such protections, when granted, should not unreasonably impinge on the ability of others with a valid right to use the protected string, from registering such names for uses which do not negatively impact the protected organization nor use to the protected name with the intent to deceive users. Formal trademarks should not be necessary to demonstrate such a right. [Footnote: Although not a gTLD, cern.ca is a good example. The Centre d'exposition de Rouyn-Noranda in northern Quebec has no connection or even a vague relationship with the Conseil Européen pour la Recherche Nucléaire, but they do happen to share an acronym. In the gTLD space, Olympic.diy is a prime example of a new registration that might not be allowed under the proposed rules even though the TLD (diy = Do-it-yourself) is a logical registration for Olympic Paints.]
  3. The procedures used to grant the protection exceptions identified in number 2 . must be both inexpensive and fast.
  4. No top level protections are necessary. Existing or new objection processes are sufficient.

...

ALAC Positions on Draft Recommendations 

Red Cross Red Crescent Movement (RCRC) Recommendations

#

Recommendation

Level of Support

ALAC

  • Scope 1 Identifiers: "Red Cross", "Red Crescent", "Red Lion and Sun" and "Red Crystal" (Language: UN6)
  • Scope 2 Identifiers: 189 recognized National Red Cross and Red Crescent Societies; International Committee of the Red Cross; International Federation of Red Cross and Red Crescent Societies; ICRC, CICR, CICV, MKKK, IFRC, FICR (Language: in English, as well as in their respective national languages; ICRC & IFRC protected in UN6)***

1

Top-Level protections of Exact Match, Full Name Scope 1 identifiers of the Red Cross Red Crescent Movement  are placed in the Applicant Guidebook section 2.2.1.2.3, Strings "Ineligible for Delegation"

Consensus

Can live with

2

Top-Level protections of Exact Match, Full Name Scope 2 identifiers of the Red Cross Red Crescent Movement  are placed in the Applicant Guidebook section 2.2.1.2.3, Strings "Ineligible for Delegation"

Divergence

Can live with

3

Top-Level protections of Exact Match, Acronym Scope 2 identifiers of the Red Cross Red Crescent Movement  are placed in the Applicant Guidebook section 2.2.1.2.3, Strings "Ineligible for Delegation"

Divergence

No

4

For Red Cross Red Crescent Movement identifiers, if placed in the Applicant Guidebook as ineligible for delegation at the Top-Level, an exception procedure should be created for cases where a protected organization wishes to apply for their protected string at the Top-Level

Consensus

Can live with

5

Second-Level protections of only Exact Match, Full Name Scope 1 identifiers of the Red Cross Red Crescent Movement are placed in Specification 5 of the Registry Agreement

Consensus

Support

6

Second-Level protections of only Exact Match, Full Name Scope 2 identifiers of the Red Cross Red Crescent Movement are placed in Specification 5 of the Registry Agreement

Divergence

Support

7

Second-Level protections of only Exact Match, Acronym Scope 2 identifiers of the Red Cross Red Crescent Movement are placed in Specification 5 of the Registry Agreement

Divergence

No

8

For Red Cross Red Crescent Movement identifiers, if placed in Specification 5 of the Registry Agreement, an exception procedure should be created for cases where a protected organization wishes to apply for their protected string at the Second-Level

Consensus

Support

9

Second-Level protections of only Exact Match, Full Name Scope 2 identifiers of the Red Cross Red Crescent Movement are bulk added as a single list to the Trademark Clearinghouse (TMCH)**

Consensus

Support

10

Second-Level protections of only Exact Match, Acronym Scope 2 identifiers of the Red Cross Red Crescent Movement are bulk added as a single list to the Trademark Clearinghouse**

Consensus

Support

11

Red Cross Red Crescent Movement Scope 2 identifiers, if added to the TMCH, allowed to participate in 90 Day Claims Notification phase of each new gTLD launch for Second-Level registrations

Consensus

Support

 

International Olympic Committee (IOC) Recommendations

#

Recommendation

Level of Support

ALAC

  • Scope 1 Identifiers: olympic, olympiad (Language: UN6, + German, Greek, and Korean)**

1

Top-Level protections of Exact Match, Full Name Scope 1 identifiers of the International Olympic Committee are placed in the Applicant Guidebook section 2.2.1.2.3, Strings "Ineligible for Delegation"

Consensus

No

2

For International Olympic Committee Identifiers, if placed in the Applicant Guidebook as ineligible for delegation at the Top-Level, an exception procedure should be created for cases where a protected organization wishes to apply for their protected string at the Top-Level

Consensus

No

3

Second-Level protections of only Exact Match, Full Name Scope 1 identifiers of the International Olympic Committee are placed in Specification 5 of the Registry Agreement

Consensus

No, since exceptions for other orgs not mentioned

4

For International Olympic Committee identifiers, if placed in Specification 5 of the Registry Agreement, an exception procedure should be created for cases where a protected organization wishes to apply for their protected string at the Second-Level

Consensus

No

 

International Governmental Organizations (IGO) Recommendations

#

Recommendation

Level of Support

ALAC

  • Scope 1 Identifiers: GAC List (22 March 2013) - Full Name (Language: Up to two languages)
  • Scope 2 Identifiers: GAC List (22 March 2013) - Acronym (Language: Up to two languages)

1

Top-Level protections of Exact Match, Full Name Scope 1 identifiers of the International Governmental Organizations are placed in the Applicant Guidebook section 2.2.1.2.3, Strings "Ineligible for Delegation"

Consensus

Can live with

2

Top-Level protections of Exact Match, Acronym Scope 2 identifiers of the International Governmental Organizations are placed in the Applicant Guidebook section 2.2.1.2.3, Strings "Ineligible for Delegation"

Divergence

No

3

For International Governmental Organizations Identifiers, if placed in the Applicant Guidebook as ineligible for delegation at the Top-Level, an exception procedure should be created for cases where a protected organization wishes to apply for their protected string at the Top-Level

Consensus

No, since exceptions for other orgs not mentioned

4

Second-Level protections of only Exact Match, Full Name Scope 1 identifiers of the International Governmental Organizations are placed in Specification 5 of the Registry Agreement

Consensus

Can live with

5

Second-Level protections of only Exact Match, Acronym Scope 2 identifiers of the International Governmental Organizations are placed in Specification 5 of the Registry Agreement

Divergence

No

6

For International Governmental Organizations identifiers, if placed in Specification 5 of the Registry Agreement, an exception procedure should be created for cases where a protected organization wishes to apply for their protected string at the Second-Level

Consensus

Can live with

7

Second-Level protections of only Exact Match, Acronym Scope 2 identifiers of the International Governmental Organizations are bulk added as a single list to the Trademark Clearinghouse**

Strong Support but Significant Opposition

Support

8

International Governmental Organizations Scope 2 identifiers, if added to the TMCH, allowed to participate in 90 Day Claims Notification phase of each new gTLD launch for Second-Level registrations**

Consensus

Support

 

International Non-Governmental Organizations (INGO) Recommendations

#

Recommendation

Level of Support

ALAC

  • Scope 1 Identifiers: ECOSOC List (General Consultative Status) (Language: English only)
  • Scope 2 Identifiers: ECOSOC List (Special Consultative Status) (Language: English only)

***Note, this list of Identifiers are INGOs other than the RCRC and IOC

1

Top-Level protections of Exact Match, Full Name Scope 1 identifiers of the International Non-Governmental Organizations are placed in the Applicant Guidebook section 2.2.1.2.3, Strings "Ineligible for Delegation"

Consensus

Can live with

2

Top-Level protections of Exact Match, Full Name Scope 2 identifiers of the International Non-Governmental Organizations are placed in the Applicant Guidebook section 2.2.1.2.3, Strings "Ineligible for Delegation"

Divergence

Can live with

3

For International Non-Governmental Organizations Identifiers, if placed in the Applicant Guidebook as ineligible for delegation at the Top-Level, an exception procedure should be created for cases where a protected organization wishes to apply for their protected string at the Top-Level

Consensus

Can live with

4

Second-Level protections of only Exact Match, Full Name Scope 1 identifiers of the International Non-Governmental Organizations are placed in Specification 5 of the Registry Agreement

Divergence

Support

5

Second-Level protections of only Exact Match, Full Name Scope 2 identifiers of the International Non-Governmental Organizations are placed in Specification 5 of the Registry Agreement

Divergence

Can live with

6

For International Non-Governmental Organizations identifiers, if placed in Specification 5 of the Registry Agreement, an exception procedure should be created for cases where a protected organization wishes to apply for their protected string at the Second-Level

Consensus

Can live with

7

Second-Level protections of only Exact Match, Full Name Scope 1 (unless otherwise reserve protected) & Scope 2 identifiers of the International Non-Governmental Organizations are bulk added as a single list to the Trademark Clearinghouse (TMCH)

Consensus

Support

8

Second-Level protections of only Exact Match, Acronym Scope 1 (unless otherwise protected) & Scope 2 identifiers of the International Non-Governmental Organizations are bulk added as a single list to the Trademark Clearinghouse

Divergence

Support

9

International Non-Governmental Organizations Scope 1 (unless otherwise protected) & Scope 2 identifiers, if added to the TMCH, allowed to participate in 90 Day Claims Notification phase of each new gTLD launch for Second-Level registrations

Consensus

Support

 

General Recommendations

#

Recommendation

Level of Support

ALAC

1

The WG recommends that the respective policies are amended so that curative rights of the UDRP and URS can be used by those organizations that are granted protections based on their identified designations.

Consensus

Support

2

IGO-INGO organizations be granted a fee waiver (or funding) for objections filed against applied-for gTLDs at the Top-Level

Divergence

Support

3

IGO-INGOs allowed to participate in Sunrise phase of each new gTLD launch

Strong Support but Significant Opposition

Support

4

Fee waivers or reduced pricing (or limited subsidies) for registering into the Trademark Clearinghouse the identifiers of IGO-INGO organizations

Divergence

Support, BUT ONLY IF OTHER TMCH USERS DO NOT PAY FOR THIS SUBSIDY

5

IGO-INGOs allowed to participate in permanent Claims Notification of each gTLD launch

Divergence

Support, BUT ONLY IF APPLICABLE TO TRADEMARKS AS WELL

6

Fee waivers or reduced pricing for IGO-INGOs filing a URS or UDRP action

Divergence

No

 

FIRST DRAFT SUBMITTED

This ALAC Statement is intended to serve the triple purpose of being a reply to the Public Comment on the Draft Final Report on Protection of IGO and INGO Identifiers in All gTLDs, an ALAC Minority Statement to be attached to the Final Report, and a Statement of Advice to the ICANN Board.

...