| Close Date | Statement Name | Status | Assignee(s) and | Call for Comments | Call for Comments Close | Vote Announcement | Vote Open | Vote Reminder | Vote Close | Date of Submission | Staff Contact and Email | Statement Number |
|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 15.10.2012 | Trademark Clearinghouse Documents | In Progress | Avri Doria (NARALO) | 16.11.2012 | 31.10.2012 | 02.11.2012 | 03.11.2012 | 06.11.2012 | 07.11.2012 12:00 UTC | 07.11.2012 | Karen Lentz karen.lentz@icann.org | TBC |
| Comment/Reply Periods (*) | Important Information Links | |||
| Comment Open: | 24 September 2012 | |||
| Comment Close: | 15 October 2012 | |||
| Close Time (UTC): | 23:59 UTC | Public Comment Announcement | ||
| Reply Open: | 16 October 2012 | To Submit Your Comments (Forum) | ||
| Reply Close: | 7 November 2012 | View Comments Submitted | ||
| Close Time (UTC): | 23:59 UTC | Report of Public Comments | ||
| Brief Overview | ||||
| Originating Organization: | ICANN Staff | |||
| Categories/Tags: | Top-Level Domains | |||
| Purpose (Brief): | The Trademark Clearinghouse facilitates the protection of trademark rights during the initial allocation and registration periods for domain names in new generic top level domains (new gTLDs). Starting with the first round expected to be coming online late in 2013, all new gTLD registries will be required to use Clearinghouse data to ensure that a set of mandatory trademark rights protection mechanisms are applied to all new domain registrations occurring in at least the first 90 days of domain registration. The documents for comment present the development work done on these Clearinghouse procedures and are now provided for community review and comment. Two explanatory memoranda are posted for a 45-day public comment period:
| |||
| Current Status: | These memos provide Trademark Clearinghouse implementation details as currently developed. | |||
| Next Steps: | Comments will be summarized and analyzed, and revisions to the relevant procedures may be considered based on the feedback received. | |||
| Staff Contact: | Karen Lentz | Email: | karen.lentz@icann.org | |
| Detailed Information | ||||
| Section I: Description, Explanation, and Purpose | ||||
The Trademark Clearinghouse facilitates the protection of trademark rights during the initial allocation and registration periods for domain names in new generic top level domains (new gTLDs). Starting with the first round expected to be coming online late in 2013, all new gTLD registries will be required to use Clearinghouse data to ensure that a set of mandatory trademark rights protection mechanisms are applied to all new domain registrations occurring in at least the first 90 days of domain registration. The documents for comment describe the development work done on Clearinghouse procedures and are now provided for community review and comment.
| ||||
| Section II: Background | ||||
With the launch of the New generic Top-Level Domain (New gTLD) Program, Internet users will see many new gTLDs enter the domain name system. Operators of new gTLDs will be responsible for implementing certain rights protection mechanisms, supported by the Trademark Clearinghouse. The Trademark Clearinghouse is one of several important enhanced rights protection mechanisms that have been built into the new gTLD program. The Trademark Clearinghouse will accept and authenticate rights information, and will support both trademark claims and sunrise services, required in all new gTLDs. The Clearinghouse is expected to play an important role in the launch of the New gTLD Program and in ensuring ongoing protection of trademark rights. | ||||
| Section III: Document and Resource Links | ||||
| http://newgtlds.icann.org/en/about/trademark-clearinghouse | ||||
| Section IV: Additional Information | ||||
(*) Comments submitted after the posted Close Date/Time are not guaranteed to be considered in any final summary, analysis, reporting, or decision-making that takes place once this period lapses.
FINAL DRAFT
In August 2012 the Registry Stakeholder Group filed a DIDP requesting all documents relating to
- any claims alleging ownership of intellectual property rights made by any bidder or bidders [for Trademark Clearinghouse (TMCH)] responding to the RFI, including but not limited to claims of copyright in data or compilations of data, patents, trademarks or trade secrets; and
- any analysis regarding validity of these claims.
In September 2012 ICANN responded that:
Regarding this item, to the extent that bidders made claims of ownership of intellectual property rights associated with the proposed operation of the Trademark Clearinghouse, those materials are subject to the same conditions of non-disclosure identified in conjunction with Documents on cost and financial models regarding the operation of TMCH. Regarding claims of ownership of intellectual property rights arising out of the operation of TMCH are being negotiated and will be published in the finalized agreement later.
The ALAC wishes to request further information on the following:
- Intellectual property rights affect or impact ICANN's decision and selection of TMCH providers. Legally, except trade secrets, intellectual property rights, including Patents, Copyright, Trademarks, should be publicly disclosed in due course either for subsistence or exercise. Will intellectual property rights that affect or impact ICANN's decision or selection, be disclosed to the community in due course, or will they be allowed to remain secret?
- Will ICANN (and its community) be appropriately licensed on royalty-free or RAND (reasonable-and-non-discriminatory) basis by the relevant intellectual property owners?
- Is ICANN developing necessary intellectual property policy for decision-making or contract negotiation?
The ALAC further advises that ICANN needs to implement a thoughtful and comprehensive intellectual property policy in which the global public interest is properly secured. In this regard, the Internet Engineering Task Force (IETF) intellectual property policy sets a good example.
FIRST DRAFT
The first draft was developed on the New gTLD WG mailing list.
