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

["Zahid Jamil" <zahid@xxxxxxxxx>]

Dear All,
 
Met with ALAC reps today for an hour before the STI meeting.  We found
common ground on nearly all essential BC positions.  (facilitated by Alan -
ALAC Liaison).
 
The actual STI meeting took place in a very conducive atmosphere.  The
unreasonably short time line set by the Board was discussed.  My feeling is
we may have spent too much time on process (40 mins).  Jeff Neuman, Jon
Nevett and I voiced our desire to get on with the substantive discussions.
Issues were listed and it was decided that we would focus on them in our
discussions over calls.  The group has asked staff to provide information on
whether there will be support available for a face to face meeting as
several members feel some of these issues may not be solvable otherwise.
After the meeting I spent an hour with NCSG and ALAC.  We seem to have
common ground on several of the essential BC positions.  NCSG requested
these not be discussed publicly yet.  They are also attempting to see if I
can meet with Wendy tomorrow (she as absent due to her Board meetings).  The
meeting with her will probably be important in ensuring that the common
ground seemingly achieved is maintained.
 
One issue that Registrar and Registry reps did not support was the notion of
a post launch IP Claims service.  However, this is on the issues listed to
be discussed.
 
On another note my sense is that my outreach and attempts to discuss matters
with ALAC and NCSG does not seem to attract any support (in fact in some
respects I sense the opposite).  This is a cause for concern.
 
 
 
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
 <http://www.jamilandjamil.com/> www.jamilandjamil.com
 
Notice / Disclaimer
This message contains confidential information and its contents are being
communicated only for the intended recipients . If you are not the intended
recipient you should not disseminate, distribute or copy this e-mail.
Please notify the sender immediately by e-mail if you have received this
message by mistake and delete 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.
 
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
 <http://www.jamilandjamil.com/> www.jamilandjamil.com
 
Notice / Disclaimer
This message contains confidential information and its contents are being
communicated only for the intended recipients . If you are not the intended
recipient you should not disseminate, distribute or copy this e-mail.
Please notify the sender immediately by e-mail if you have received this
message by mistake and delete 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.