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

["Shatan, Gregory S." <GShatan@xxxxxxxxxxxxx>]

I would disagree with this entire line of thinking, regardless of how it is 
phrased.  I think an INGO or IGO that operates in two countries is still 
international.  And that is true whether it’s US/Canada or Senegal/Cote 
d’Ivoire….  Of course, some of this may depend on what level of protection we 
are discussing.  But the “’entry level” criteria should not require multitudes…

From: owner-gnso-igo-ingo@xxxxxxxxx [mailto:owner-gnso-igo-ingo@xxxxxxxxx] On 
Behalf Of Mary.Wong@xxxxxxxxxxx
Sent: Wednesday, March 06, 2013 1:33 PM
To: gnso-igo-ingo@xxxxxxxxx
Subject: RE: [gnso-igo-ingo] Draft paragraph for temporary agreement on 
qualifying criteria


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<mailto: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<mailto:cgomes@xxxxxxxxxxxx>>


To:


"Mary.Wong@xxxxxxxxxxx<mailto:Mary.Wong@xxxxxxxxxxx>" 
<Mary.Wong@xxxxxxxxxxx<mailto:Mary.Wong@xxxxxxxxxxx>>, 
"gnso-igo-ingo@xxxxxxxxx<mailto:gnso-igo-ingo@xxxxxxxxx>" 
<gnso-igo-ingo@xxxxxxxxx<mailto: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> 
[mailto:owner-gnso-igo-ingo@xxxxxxxxx] On Behalf Of 
Mary.Wong@xxxxxxxxxxx<mailto:Mary.Wong@xxxxxxxxxxx>
Sent: Wednesday, March 06, 2013 12:55 PM
To: gnso-igo-ingo@xxxxxxxxx<mailto: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<mailto: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







* * *

This E-mail, along with any attachments, is considered confidential and may 
well be legally privileged. If you have received it in error, you are on notice 
of its status. Please notify us immediately by reply e-mail and then delete 
this message from your system. Please do not copy it or use it for any 
purposes, or disclose its contents to any other person. Thank you for your 
cooperation.

* * *

To ensure compliance with Treasury Department regulations, we inform you that, 
unless otherwise indicated in writing, any U.S. Federal tax advice contained in 
this communication  (including any attachments) is not intended or written to 
be used, and cannot be used, for the purpose of (1) avoiding penalties under 
the Internal Revenue Code or applicable state and local provisions or (2) 
promoting, marketing or recommending to another party any tax-related matters 
addressed herein.

Disclaimer Version RS.US.20.10.00