RE: [gnso-igo-ingo] Draft paragraph for temporary agreement on qualifying criteria

[<Mary.Wong@xxxxxxxxxxx>]

Thanks, Chuck - in which case, the phrase "national laws in multiple
jurisdictions" would be changed to "national laws in multiple
jurisdictions, including at least one country each in three of the
ICANN-recognized geographical regions"?


Mary W S Wong
Professor of Law
Director, Franklin Pierce Center for IP
Chair, Graduate IP Programs
UNIVERSITY OF NEW HAMPSHIRE SCHOOL OF LAW
Two White Street
Concord, NH 03301
USA
Email: mary.wong@xxxxxxxxxxx
Phone: 1-603-513-5143
Webpage: http://www.law.unh.edu/marywong/index.php
Selected writings available on the Social Science Research Network
(SSRN) at: http://ssrn.com/author=437584  


>>> 


From:  
"Gomes, Chuck" <cgomes@xxxxxxxxxxxx> 

To: 
"Mary.Wong@xxxxxxxxxxx" <Mary.Wong@xxxxxxxxxxx>,
"gnso-igo-ingo@xxxxxxxxx" <gnso-igo-ingo@xxxxxxxxx> 

Date:  
3/6/2013 1:20 PM 

Subject:  
RE: [gnso-igo-ingo] Draft paragraph for temporary agreement on
qualifying criteria 

Thanks Mary. 
With regard to ‘multiple jurisdictions’, what if we were to approach in
a manner like the following:  “protected by national laws in multiple
jurisdictions in a majority of ICANN regions”.  One of my intents is to
avoid a situation where one region has a determining influence or where
just one country in each of 2 or 3 regions could have a determining
influence. 
Chuck 

From: owner-gnso-igo-ingo@xxxxxxxxx
[mailto:owner-gnso-igo-ingo@xxxxxxxxx] On Behalf Of
Mary.Wong@xxxxxxxxxxx
Sent: Wednesday, March 06, 2013 12:55 PM
To: gnso-igo-ingo@xxxxxxxxx
Subject: [gnso-igo-ingo] Draft paragraph for temporary agreement on
qualifying criteria 

  
Draft of working framework for qualifying criteria - to be further
discussed (including added to or changed, if appropriate) upon
discussion of possible protection mechanisms: 
  
"The Working Group (WG) agrees that the following is a general
description and starting point for final resolution of the types of
organizations that may qualify for protection mechanisms (if any). The
WG believes that it would be useful, in coming to a final resolution of
qualifying criteria, to park the issue for now in order to discuss
possible protection mechanisms, which discussion may inform the WG's
deliberations over qualifying criteria. The WG intends to return to the
issue of qualifying criteria at an appropriate point in its discussions
of possible protection mechanisms. 
  
The basic ground upon which either an IGO or INGO may qualify for
specific protections is that an organization has a mission that is in
the global public interest and whose operations are international in
scope. The WG acknowledges that it is extremely difficult to define the
global public interest and it may be that it would be inappropriate for
either it or ICANN to attempt to do so. Nevertheless, the WG agrees that
the following factors may serve as indications that a particular
organization would qualify for protection: 
  
(1) The organization, its names, acronyms and (where applicable) its
designation are protected by an international treaty; or 
(2) The organization, its names, acronyms and (where applicable) its
designation are protected by national laws in multiple jurisdictions,
and its organizational mission is recognized through inclusion on the
ECOSOC list of general consultative NGOs (or similar list)." 
  
Cheers 
Mary 

Mary W S Wong
Professor of Law
Director, Franklin Pierce Center for IP
Chair, Graduate IP Programs
UNIVERSITY OF NEW HAMPSHIRE SCHOOL OF LAW
Two White Street
Concord, NH 03301
USA
Email: mary.wong@xxxxxxxxxxx
Phone: 1-603-513-5143
Webpage: http://www.law.unh.edu/marywong/index.php 
Selected writings available on the Social Science Research Network
(SSRN) at: http://ssrn.com/author=437584