RE: [bc-gnso] Update on TM Rights Protection Mechanisms Negotiations

[Marilyn Cade <marilynscade@xxxxxxxxxxx>]

I am extremely appreciative of how Zahid and Steve have been managing the 
interactions and work with the NCUC reps over this important set of issues. The 
spirit of cooperation is very high, and even as disputes on substance may 
arise, the collegiality and good will of all involved is impressive. 
I also wanted to thank Zahid for the detailed updates by email and the quick 
'catch ups' that have happened here, organized by a member, Ron Andruff. We 
have all benefitted from the much greater interaction between members AT a 
meeting, and the posting with remote members in an ongoing flow for update 
purposes. 
THANKS for this great 'brief', Zahid. VERY helpful to me, since I was tied up 
all day yesterday in the various reviews; the Strat Plan session, and the AoC 
session.  All of these are also important to the members, and I especially 
recommend reading the transcript on the Strat Plan session and the AoC session. 
Marilyn 


From: zahid@xxxxxxxxx
To: bc-gnso@xxxxxxxxx
Subject: RE: [bc-gnso] Update on TM Rights Protection Mechanisms Negotiations
Date: Thu, 29 Oct 2009 01:05:25 +0900




















Forgot to mention:  Steve
Del Bianco also played a great role in speaking to Kathy yesterday and today.  
Thanks Steve!

 



 

Sincerely,

 

Zahid
Jamil

Barrister-at-law

Jamil
& Jamil

Barristers-at-law

219-221
Central Hotel Annexe

Merewether
Road, Karachi. Pakistan

Cell:
+923008238230

Tel: +92
21 5680760 / 5685276 / 5655025

Fax: +92
21 5655026

www.jamilandjamil.com

 

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From:
owner-bc-gnso@xxxxxxxxx [mailto:owner-bc-gnso@xxxxxxxxx] On Behalf Of Zahid
Jamil

Sent: Thursday, October 29, 2009 12:14 AM

To: 'bc - GNSO list'

Subject: [bc-gnso] Update on TM Rights Protection Mechanisms
Negotiations





 

Today the 3 days of off line negotiations and reaching out
to the ALAC and NCSG on the issue of the IRT Report and the RPMs were
successful.

 

3 hours of discussion (with the help of the ALAC- Alan and
Cheryl) on Monday with NCSG reps (Kathryn Kleiman and Konstantinos Komaitis)
followed by discussions through yesterday were successful in providing
background and a context to the BC position on the IRT Report.  

 

Initially on the Council list the NCSG had indicated and
unwillingness of the IRT being available as a resource.

 

Summary of points for discussion that were discussed were
(subject to them being taken back to the NCSG):

 

Welcome the IRT and other resources being available to the
GNSO Working Group working on the Board’s letter regarding the RPMs (ie. STI
review team).

 

At the session on Thursday (today) express the willingness
that NCSG had for reaching out constructively to the GNSO community (language
discussed included reaching common ground).

 

The GNSO passed a Resolution today with the support of the
NCSG stating:

The assistance of members of the IRT in answering
questions about the IP Clearinghouse and Uniform Rapid Suspension System
recommendations may be useful to this work. The GNSO Council requests that 
members
of the IRT who worked on those recommendations be available to answer any such
questions that may arise;

 

I believe that possibly a more integral part than the
discussion with Kathy in achieving this was the efforts of members from other
Constituency(s) that may have helped mediate this resolution through.

 

 

In today’s session on Trademark Protection and new gTLDs
(transcript attached):

 

Kathy responded positively and at the end of her first
intervention stated:

 

‘....we in the NCUC
want to work with you.  We want to
establish common ground, and we wish the best of luck for all of us in this
expedited process.’

 

She even went as far as saying in regards the IRT URS
recommendation for Appeal:

 

‘.....and I have to
say it, and I guess I'm on the record, the IRT kind of got this one right and
let's go back to that.’

 

This was met with equal good will by CSG members:

 

J. Scott, now President of the IPC said:

 

‘I worked with Kathy
Kleiman, and we drafted the UDRP final version with Louis Touton and a group of
other talented people, many of whom are here today................We just want
to solve a problem.  That's what we're
here to do.  We want to work with
registries, registrars, NCUC.  That's
what we're here for.  We're problem
solvers.  We want to solve the
problem.  Thank you for the opportunity,
and we look forward to working together in the near future.

 

Zahid Jamil BC Councillor said:

 

‘First of all, I would
like to acknowledge and thank Kathy for the NCUC's constructive invitation to
work with goodwill. 

We look forward to the
sentiment continuing in the GNSO.  So
thank you for that..........’

 

With respect to several aspects of the IRT Solutions it
seems that NCSG and BC may be able to find common ground.

 

I am sure there must have been much discussion in the NCSG
itself about taking these positions after discussing matters with the BC and
other individuals. So Kudos to Kathy and Kostantino for achieving success for
not letting down our discussions from Monday for which I have thanked them.  

 

Efforts of Alan and Cheryl to set up some of the atmosphere
for the interaction also helped.

 

Also in other private discussions this evening with some
ALAC reps it seems that there may be even more common ground possible with the
BC positions.

 

This sentiment seems to have created an atmosphere which may
enable some parties with divergent views reaching consensus on some aspects at
least.  I hope this interaction will also
help BC, NCSG and ALAC collaborating on other issues in the future.

 

Through private meetings tomorrow leading up to the STI
session I hope this sentiment continues.

 

Will report back after tomorrows STI meeting.

 

 

 

Sincerely,

 

Zahid Jamil

Barrister-at-law

Jamil & Jamil

Barristers-at-law

219-221 Central Hotel Annexe

Merewether Road, Karachi. Pakistan

Cell: +923008238230

Tel: +92 21 5680760 / 5685276 / 5655025

Fax: +92 21 5655026

www.jamilandjamil.com

 

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This message contains confidential information and its
contents are being communicated only for the intended recipients . If you are
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e-mail.  Please notify the sender
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it from your system. The contents above may contain/are the intellectual
property of Jamil & Jamil, Barristers-at-Law, and constitute privileged
information protected by attorney client privilege. The reproduction,
publication, use, amendment, modification of any kind whatsoever of any part or
parts (including photocopying or storing it in any medium by electronic means
whether or not transiently or incidentally or some other use of this
communication) without prior written permission and consent of Jamil &
Jamil is prohibited.