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Re: [bc-gnso] Update on TM Rights Protection Mechanisms Negotiations
- To: Zahid Jamil <zahid@xxxxxxxxx>
- Subject: Re: [bc-gnso] Update on TM Rights Protection Mechanisms Negotiations
- From: "Mike O'Connor" <mike@xxxxxxxxxx>
- Date: Thu, 29 Oct 2009 12:04:54 -0500
you've got my support. keep at it Zahid. this is precisely the kind
of behavior we need if we're to break out of the "old habits, old
fights" mindset that so clogs the arteries of ICANN.
mikey
On Oct 29, 2009, at 11:56 AM, Zahid Jamil wrote:
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
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
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.
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