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

[Phil Corwin <pcorwin@xxxxxxxxxxxxxxxxxx>]

Zahid:

Your proactive initiatives are exactly what is needed, especially given the 
tight tomeframe and the reality that if reasonable consensus is not achieved 
ICANN's Board will almost certainly adopt the staff assimilation that no one 
wants to see put in place.

So your commendable efforts have my full support.

-Philip

Philip S. Corwin
Partner
Butera & Andrews
1301 Pennsylvania Ave., NW
Suite 500
Washington, DC 20004

202-347-6875 (office)

202-347-6876 (fax)

202-255-6172 (cell)

"Luck is the residue of design." -- Branch Rickey

________________________________
From: owner-bc-gnso@xxxxxxxxx [owner-bc-gnso@xxxxxxxxx] On Behalf Of Liz 
Williams [lizawilliams@xxxxxxx]
Sent: Thursday, October 29, 2009 5:18 PM
To: Mike O'Connor
Cc: Zahid Jamil; 'bc - GNSO list'
Subject: Re: [bc-gnso] Update on TM Rights Protection Mechanisms Negotiations

support Mikey's position -- the way you're doing it is the way forward!
On 29 Oct 2009, at 17:04, Mike O'Connor wrote:

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<http://www.jamilandjamil.com/>

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From: owner-bc-gnso@xxxxxxxxx<mailto: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<http://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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