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17.07.2013Initial Report on Protection of IGO and INGO Identifiers in All gTLDs

Adopted
9Y, 0N, 0A

09.07.201317.07.2013n/a18.07.2013
(ALAC Meeting in Durban) 
n/a18.07.201321.07.2013Brian Peck
policy-staff@icann.org 
AL-ALAC-ST-0713-01-00-EN
Comment / Reply Periods (*)
Comment Open Date: 
14 June 2013
Comment Close Date: 
17 July 2013 - 23:59 UTC
Reply Open Date: 
18 July 2013
Reply Close Date: 
7 August 2013 - 23:59 UTC
Important Information Links
Brief Overview
Originating Organization: 
GNSO
Categories/Tags: 
  • Policy Processes
Purpose (Brief): 

The Generic Names Supporting Organization ("GNSO") Policy Development Process Working Group tasked with addressing the issue of Protecting the identifiers of certain International Government Organizations ("IGOs") and International Non-Governmental Organizations ("INGOs") in all gTLDs has published its Initial Report for public comment.

Current Status: 

The GNSO Policy Development Process Working Group ("PDP WG") on the Protection of IGO and INGO Identifiers in all gTLDs has published this Initial Report and is soliciting community input on the proposed policy recommendation options currently under consideration by the PDP WG. This Initial Report has also been submitted to the GNSO Council on 14 June 2013.

Next Steps: 

Following the review of and taking into account the public comments received during this Public Forum, the PDPWG will continue its deliberations on the proposed policy recommendation options in view of reaching consensus on a set of policy recommendations, which if reached, will be included in a draft Final Report. The draft Final Report with the final policy recommendations will be published for public comment. The PDP WG will take into account any input received and submit a Final Report to the GNSO Council for further action.

Staff Contact: 
Brian Peck
Detailed Information
Section I: Description, Explanation, and Purpose: 

In its Initial Report the PDP WG provides background information on the issues related to the protection for certain IGO and INGO (including the Red Cross Red Crescent Movement ("RCRC") and International Olympic Committee ("IOC")) identifiers. The report also includes a summary of the Working Group's deliberations with respect to the issues defined in the WG's Charter.

Most importantly, sections 4.3 through 4.7 of this Initial Report present a list of proposed policy recommendation options currently being considered by the PDP WG, for the protection of certain IGO and INGO identifiers in all gTLDs. The proposed policy recommendation options for the protection of certain IGO and INGO identifiers presented in this Report (including the option to provide no special protections) are delineated between top and second level domains.

The proposed policy recommendation options for the protection of the organization's identifiers in all gTLDs presented in this report do not represent a consensus position by the Working Group members; but rather, are options which the Working Group is considering. The objective of this Initial Report is to present the proposed policy recommendation options currently under consideration to solicit feedback from the community on these recommendations. Specifically, the Working Group would welcome comments from community members on the following questions:

  1. Which recommendation option(s) for the protection of certain IGO and INGO (including RCRC and IOC) identifiers at the top and/or second levels as listed in Sections 4.3 to 4.7 would you support? Please provide a rationale.
  2. If you do not support any of the recommendation options, please suggest any reasonable alternatives as delineated between top and second-level protections you may have. Please also provide a rationale.
Section II: Background: 

For a detailed background and history of the issue on whether to protect certain IGO and INGO identifiers including the RCRC and IOC prior to the initiation of this PDP, please see the Final GNSO Issue Report on the Protection of International Organization Names in New gTLDs [PDF, 675 KB]. The Issue Report was initiated as a result of a recommendation by the GNSO Drafting Team formed to provide a GNSO Council response to the Board and GAC on the protection of IOC and RCRC names in new gTLDs. After community review, the scope of the Final GNSO Issue Report included an evaluation of whether to protect the names of both international government and non-government organizations at the top level and second level in all gTLDs.

At its October meeting last year, the GNSO Council considered the Final GNSO Issue Report on the Protection of International Organization Names in New gTLDs, and approved a motion to initiate a Policy Development Process ("PDP") for the protection of certain international organization names and acronyms in all gTLDs. The Working Group ("WG") was formed on 31 October 2012 and the WG Charter was approved by the GNSOCouncil on 15 November 2012. The decision was taken in this context to subsume the issues of the IOC and Red Cross Red Crescent designations and names under the new PDP WG process.

As part of its deliberations, the PDP WG was required under the WG Charter to consider the following questions:

  1. Whether there is a need for special protections at the top and second level in all existing and new gTLDs for the names and acronyms of the following types of international organizations: International Governmental Organizations (IGOs) protected by international law and multiple domestic statutes, International Non-Governmental Organizations (INGOs) receiving protections under treaties and statutes under multiple jurisdictions, specifically including the Red Cross/Red Crescent Movement (RCRC), and the International Olympic Committee (IOC). In deliberating this issue, the WG should consider the following elements:
    • Quantifying the Entities to be Considered for Special Protection
    • Evaluating the Scope of Existing Protections under International Treaties/National Laws forIGO, RCRC and IOC Names
    • Establishing Qualification Criteria for Special Protection of International Organization Names
    • Distinguishing Any Substantive Differences Between the RCRC and IOC From Other International Organizations
  2. If there is a need for special protections at the top and second level in all existing and new gTLDs for certain international organization names and acronyms, the PDP WG is expected to develop policy recommendations for such protections. Specifically, the PDP WG should:
    • Determine whether the current special protections being provided to RCRC and IOC names at the top and second level of the initial round of new gTLDs should be made permanent for RCRC and IOC names in all gTLDs and if not, develop specific recommendations for the appropriate special protections for these names.
    • Develop specific recommendations for appropriate special protections for the names and acronyms of all other qualifying international organizations.
Section III: Document and Resource Links: 

(*) 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 VERSION TO BE SUBMITTED IF RATIFIED

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

 

FINAL DRAFT VERSION TO BE VOTED UPON BY THE ALAC

Introduction

The ALAC is pleased to provide our answers to the questions asked in the report.

We would have far preferred it if the WG had chosen to provide an opportunity for segregating answers based on the type of organization involved, but will nonetheless provide the requested answers identifying exceptions where needed.

To restate positions previously taken:

  • The ALAC strongly supports the protection of Red Cross/Red Crescent names.
  • The ALAC does not see the need for protecting the IOC names, but in particular objects to unilaterally protecting strings (such as Olympic) which have wide usage outside of the IOC context.
  • The ALAC strongly supports protecting the names of selected INGOs and supports the type of criteria described in section 4.5 of the report (http://gnso.icann.org/en/issues/igo-ingo-initial-14jun13-en.pdf)

In response to the specific questions (http://gnso.icann.org/en/issues/igo-ingo-initial-response-form-20jun13-en.doc), we offer our answers along with a rationale or other comments as applicable.

Top-level Protection

#

Option

Support?

Comments/Rationale

1

Exact match full name ineligible for delegation

No

The ALAC sees no need for any explicit protection at the top level. As fully explained in answers 4, 5 and 6, objection processes are sufficient for the rare times when there may be a conflict. Protecting these names, and then possible allowing exceptions, is adding needless complexity. Should exact matches ultimately be ineligible, the ALAC believe that there MUST be an exception process for cases (such as Olympic) where the string is in wide use unrelated to the protected organization.

2

Exact match acronym ineligible for delegation

No

Although the ALAC would be supportive of granting certain specific acronyms protection (such as UNICEF), in the general case, there is too much overlap with strings validly used by other organizations.

3

Exception process if blocked

No

As stated, the ALAC does not see the need to protect strings at the first level. If such protection is ultimately granted, it should apply to the protected organization as well with no exceptions.

4

No protection for exact match full name

Yes

In the opinion of some, the existing legal-rights objection is sufficient to allow the protection of any IGO-INGO name at the top level. If that is not indeed the case, then a specific new form of objection should be developed which does address the need to protect these organizations and as a side-benefit, allow then to apply for the string themselves. The process must allow for a enforceable PIC-like provision to ensure that a third party using an IGO-INGO name at the top level does not masquerade or otherwise usurp the IGO-INGO’s identity.

5

No protection for exact match acronym

Yes

In the opinion of some, the existing legal-rights objection is sufficient to allow the protection of any IGO-INGO name at the top level. If that is not indeed the case, then a specific new form of objection should be developed which does address the need to protect these organizations and as a side-benefit, allow then to apply for the string themselves. The process must allow for a enforceable PIC-like provision to ensure that a third party using an IGO-INGO acronym at the top level does not masquerade or otherwise usurp the IGO-INGO’s identity.

6

IGO-INGOs fee waiver for objections filed at top level

Yes

The ALAC supports such a waiver, to the extent that it applies to objections over the character string applied for with respect to their name/acronym. The ALAC supports having no reservations at the top level to prevent further complexity in the new gTLD rules, not to penalize possibly impacted IGOs and INGOs. 

Second Level Protection

#

Option

Support?

Comments/Rationale

1

Exact match full name ineligible for registration

No

The ALAC could support this for most IGO-INGO names, but not for strings that are widely and legitimately used for purposes unrelated to the protected organization. “Olympic” is one such example.

2

Exact match acronym ineligible for registration

No

Although the ALAC would be supportive of granting certain specific acronyms protection (such as UNICEF), in the general case, there is too much overlap with strings validly used by other organizations.

3

Exact match full name in Clearinghouse-like service

Yes

 

4

Exact match full name and acronym(s) Clearinghouse-like service

Yes

 

5

Participate in Sunrise

Yes

Although the ALAC sees no reason to bar others from registering these names (as stated above), it does not object to granting IGOs and INGOs the same early registration privileges given to trademark holders.

6

90-claims notice

Yes

 

7

Permanent Claims Notice

Yes

The ALAC has previously gone on record as favouring a permanent claims notice in the general case, but with some caution regarding the lack of understanding of the chilling effects on legitimate potential registrants (see ALAC statement report to the STI Report). The ALAC supported the extended period “light” claims notice that was proposed for trademarks as a reasonable compromise. In this case given the relatively small number of names that would be covered, the ALAC would accept a permanent standard claims notice.

8

Fee waivers/reductions for entry into Clearinghouse-like service

Yes

This is provisional agreement, conditional on how the waivers/reductions are funded. The ALAC does not consider it reasonable to put the cost on either service providers nor on other Clearinghouse users. The ALAC does accept ICANN subsidization subject to ensuring that the total potential cost is reasonable. This is an issue that should have been dealt with long ago, and ICANN bearing the cost is reasonable under current conditions.

9

Ensure that UDRP/URS can be used by IGO-INGOs

Yes

Anything less would be patently unfair.

10

Fee waivers/reductions for UDRP/URS

Yes/No

The ALAC is sympathetic to the request, but given that the service to be provided is external to ICANN, the level of ICANN subsidization would be difficult to estimate and it would not be acceptable to have other service users or the providers subsidize such waivers or reductions, the implementation seems problematic and therefore probably not recommended.

11

Exceptions for IGO-INGOs registering own protected name, or 3rd parties registering protected name

Yes

Support of this is conditional on the cost and delay being VERY reasonable (compared to near-instant regular registration and typical domain name registration fees) and that the protected organization cannot unilaterally block such registration by third parties (either by delay or rejection).

12

No reservation of exact match full names

Yes/No

The ALAC believes that absolute reservations are generally not needed or desirable, but has supported the use of such protections in limited specific cases (such as the Red Cross names).

13

No reservation of exact match acronyms

Yes/No

The ALAC believes that absolute reservations are generally not needed or desirable, but has supported the use of such protections in limited specific cases (such as the UNICEF). 

FIRST DRAFT SUBMITTED

Introduction

The ALAC is pleased to provide our answers to the questions asked in the report.

We would have far preferred it if the WG had chosen to provide an opportunity for segregating answers based on the type of organization involved, but will nonetheless provide the requested answers identifying exceptions where needed.

To restate positions previously taken:

  • The ALAC strongly supports the protection of Red Cross/Red Crescent names.
  • The ALAC does not see the need for protecting the IOC names, but in particular objects to unilaterally protecting strings (such as Olympic) which have wide usage outside of the IOC context.
  • The ALAC strongly supports protecting the names of selected INGOs and supports the type of criteria described in section 4.5 of the report (http://gnso.icann.org/en/issues/igo-ingo-initial-14jun13-en.pdf)

In response to the specific questions (http://gnso.icann.org/en/issues/igo-ingo-initial-response-form-20jun13-en.doc), we offer our answers along with a rationale or other comments as applicable.

Top-level Protection

#

Option

Support?

Comments/Rationale

1

Exact match full name ineligible for delegation

No

The ALAC sees no need for any explicit protection at the top level. As fully explained in answers 4, 5 and 6, objection processes are sufficient for the rare times when there may be a conflict. Protecting these names, and then possible allowing exceptions, is adding needless complexity. Should exact matches ultimately be ineligible, the ALAC believe that there MUST be an exception process for cases (such as Olympic) where the string is in wide use unrelated to the protected organization.

2

Exact match acronym ineligible for delegation

No

Although the ALAC would be supportive of granting certain specific acronyms protection (such as UNICEF), in the general case, there is too much overlap with strings validly used by other organizations.

3

Exception process if blocked

No

As stated, the ALAC does not see the need to protect strings at the first level. If such protection is ultimately granted, it should apply to the protected organization as well with no exceptions.

4

No protection for exact match full name

Yes

In the opinion of some, the existing legal-rights objection is sufficient to allow the protection of any IGO-INGO name at the top level. If that is not indeed the case, then a specific new form of objection should be developed which does address the need to protect these organizations and as a side-benefit, allow then to apply for the string themselves. The process must allow for a enforceable PIC-like provision to ensure that a third party using an IGO-INGO name at the top level does not masquerade or otherwise usurp the IGO-INGO’s identity.

5

No protection for exact match acronym

Yes

In the opinion of some, the existing legal-rights objection is sufficient to allow the protection of any IGO-INGO name at the top level. If that is not indeed the case, then a specific new form of objection should be developed which does address the need to protect these organizations and as a side-benefit, allow then to apply for the string themselves. The process must allow for a enforceable PIC-like provision to ensure that a third party using an IGO-INGO acronym at the top level does not masquerade or otherwise usurp the IGO-INGO’s identity.

6

IGO-INGOs fee waiver for objections filed at top level

Yes

The ALAC supports such a waiver, to the extent that it applies to objections over the character string applied for with respect to their name/acronym. The ALAC supports having no reservations at the top level to prevent further complexity in the new gTLD rules, not to penalize possibly impacted IGOs and INGOs. 

Second Level Protection

#

Option

Support?

Comments/Rationale

1

Exact match full name ineligible for registration

No

The ALAC could support this for most IGO-INGO names, but not for strings that are widely and legitimately used for purposes unrelated to the protected organization. “Olympic” is one such example.

2

Exact match acronym ineligible for registration

No

Although the ALAC would be supportive of granting certain specific acronyms protection (such as UNICEF), in the general case, there is too much overlap with strings validly used by other organizations.

3

Exact match full name in Clearinghouse-like service

Yes

 

4

Exact match full name and acronym(s) Clearinghouse-like service

Yes

 

5

Participate in Sunrise

Yes

Although the ALAC sees no reason to bar others from registering these names (as stated above), it does not object to granting IGOs and INGOs the same early registration privileges given to trademark holders.

6

90-claims notice

Yes

 

7

Permanent Claims Notice

Yes

The ALAC has previously gone on record as favouring a permanent claims notice in the general case, but with some caution regarding the lack of understanding of the chilling effects on legitimate potential registrants (see ALAC statement report to the STI Report). The ALAC supported the extended period “light” claims notice that was proposed for trademarks as a reasonable compromise. In this case given the relatively small number of names that would be covered, the ALAC would accept a permanent standard claims notice.

8

Fee waivers/reductions for entry into Clearinghouse-like service

Yes

This is provisional agreement, conditional on how the waivers/reductions are funded. The ALAC does not consider it reasonable to put the cost on either service providers nor on other Clearinghouse users. The ALAC does accept ICANN subsidization subject to ensuring that the total potential cost is reasonable. This is an issue that should have been dealt with long ago, and ICANN bearing the cost is reasonable under current conditions.

9

Ensure that UDRP/URS can be used by IGO-INGOs

Yes

Anything less would be patently unfair.

10

Fee waivers/reductions for UDRP/URS

Yes/No

The ALAC is sympathetic to the request, but given that the service to be provided is external to ICANN, the level of ICANN subsidization would be difficult to estimate and it would not be acceptable to have other service users or the providers subsidize such waivers or reductions, the implementation seems problematic and therefore probably not recommended.

11

Exceptions for IGO-INGOs registering own protected name, or 3rd parties registering protected name

Yes

Support of this is conditional on the cost and delay being VERY reasonable (compared to near-instant regular registration and typical domain name registration fees) and that the protected organization cannot unilaterally block such registration by third parties (either by delay or rejection).

12

No reservation of exact match full names

Yes/No

The ALAC believes that absolute reservations are generally not needed or desirable, but has supported the use of such protections in limited specific cases (such as the Red Cross names).

13

No reservation of exact match acronyms

Yes/No

The ALAC believes that absolute reservations are generally not needed or desirable, but has supported the use of such protections in limited specific cases (such as the UNICEF).

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