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Re: [gnso-igo-ingo] Qualification Criteria
- To: Robin Gross <robin@xxxxxxxxxxxxx>
- Subject: Re: [gnso-igo-ingo] Qualification Criteria
- From: Thomas Rickert <rickert@xxxxxxxxxxx>
- Date: Sat, 2 Mar 2013 09:42:25 +0100
Robin,
thanks for your message. I understand this might be surprising in isolation,
but please note that we had a log discussion on the next steps and reasons for
it during the last call in particular. Can I ask you to go to the mp3 or
transcript? In addition to that, I am more than happy to provide more
background information offlist! Please let me know!
Kind regards,
Thomas
=============
thomas-rickert.tel
+49.228.74.898.0
Am 01.03.2013 um 21:53 schrieb Robin Gross <robin@xxxxxxxxxxxxx>:
> It still seems as though we are 'putting the cart before the horse'.
>
> I don't believe there has been a determinative showing that existing RPM's
> are inadequate to protect legitimate interests. Did this group decide at
> some point to grant new privileges and now just trying to figure out 'who'
> gets these special privileges? If so, when was that decision made?
>
> Thanks,
> Robin
>
>
> On Mar 1, 2013, at 11:29 AM, Thomas Rickert wrote:
>
>> All,
>> we have discussed the question of qualification criteria (again) during our
>> last call, as you will recall.
>>
>> What we have on the table at the moment are the two proposals below.
>>
>> Do you think we can merge them or come up with a new set of criteria?
>>
>> Following the last call, let me also remind you that these criteria are the
>> first hurdle to be taken qualify for the protections. #
>>
>> We discussed that there might be additional criteria (admission criteria)
>> for the protection mechanism in question.
>>
>> I guess Alan was the first to make the point during the call. Can I ask all
>> of you (and Alan in particular :-)) to think of whether and what additional
>> criteria you would like to set up as a second hurdle for admission to the
>> protections?
>>
>> Thanks,
>> Thomas
>>
>> Here come the two sets of qualification criteria:
>>
>> 1. What I amalgamated from Mary's proposal and our previous discussions:
>>
>>
>> Organizations that serve the global public interest, that are international
>> in scope and operations, and whose primary mission is of such public
>> importance that some form of special protection for its name and acronym can
>> be justified
>>
>> Meeting two of the following criteria is deemed to be sufficient evidence of
>> the above requirements for an organization to be eligible for protections.
>> The protection encompasses the name and the acronym of the respective
>> organization as well as designations that - as the case may be - are
>> explicitly mentioned in a treaty as a protected designation.
>>
>> - Protection by treaty
>> - Protection in multiple national jurisdictions (either by virtue of a
>> specific law or treaty protection that is enforceable in a multiple
>> jurisdictions without the requirement of a specific enactment
>> - Mission serving the global public interest
>> - inclusion in the Ecosoc list
>>
>> 1. What Mary/Jim have recently submitted:
>>
>> “It seems to me that what we are striving to get to is a minimum standard to
>> qualify for special protections (of whatever nature), and that many of those
>> that have been suggested already, e.g. treaties, national laws,
>> organizational mandates etc., are a form of proxy for the vague concept that:
>>
>> "an organization [must] be
>>
>> · international in scope and operations, and
>>
>> · its primary mission be of such public importance
>>
>> · that it receives multilateral or multinational protection beyond ordinary
>> trademark laws, and
>>
>> · that some form of special protection for its name and acronym can be
>> justified."
>>
>>
>>
>
>
>
>
> IP JUSTICE
> Robin Gross, Executive Director
> 1192 Haight Street, San Francisco, CA 94117 USA
> p: +1-415-553-6261 f: +1-415-462-6451
> w: http://www.ipjustice.org e: robin@xxxxxxxxxxxxx
>
>
>
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