Re: [gnso-igo-ingo] Exception Procedure

[Thomas Rickert <rickert@xxxxxxxxxxx>]

David,
thanks for this. I am sure your proposal will be discussed later today.

Thanks,
Thomas


Am 19.03.2013 um 23:18 schrieb David Heasley <dheasley@xxxxxxxxx>:

> Thomas and All,
>  
> Here, as requested, is a more detailed outline of the exception procedure to 
> follow when an applicant claims a legitimate interest in using a protected 
> name.
>  
>  
> Goal: Where an applicant claims a legitimate interest in a second-level 
> domain name that is a protected name, our goal is to provide a procedure for 
> determining whether the application should proceed to registration.
>  
>             General Principles: The procedure must:
>  
>             · Provide immediate notification to the applicant and the 
> protected organization when an application is refused registration because a 
> name is protected.
>  
>             · Provide a channel of communication between the applicant and 
> the protected organization; 
>  
>             · Provide an impartial, expeditious, and inexpensive process for 
> determining if the applicant has a legitimate interest such that its 
> application should proceed to registration; 
>  
>             · Use existing dispute resolution procedures wherever possible.
>  
>  
> Outline of Procedure:
>  
>  1.  Notification of Conditional Refusal Based on Protected Name.  The 
> applicant and protected organization will receive immediate electronic 
> notification if an applied-for second level domain is conditionally refused 
> registration because of a Protected Name in the Clearinghouse.
>  
> 2.  Declaration of Legitimate Use.
>  
>     2.1  Each protected organization must record and maintain accurate 
> contact information with the Clearinghouse designating a recipient and 
> address to be notified electronically. 
>  
>     2.2  Within ten (10) days of receiving a conditional refusal, an 
> applicant may file a declaration with the Registry. The declaration must 
> identify the applicant accurately, provide accurate contact  information, and 
> state that the applicant has a good faith, legitimate interest in using the 
> domain name that does not violate any treaties, national laws or other legal 
> entitlement of the protected organization. A standard form will be provided. 
> The protected organization will receive a copy of the declaration 
> electronically at its given address when the declaration is filed with the 
> Registry.
>  
>     2.3  If, within ten (10) days after receipt of the above declaration, the 
> protected organization does not file an objection with the Registry, the 
> subject application will proceed to registration. 
>  
>    2.4. If, within ten (10) days after receipt of the above declaration, the 
> protected organization files an objection with the Registry, the conditional 
> refusal will be reviewed by an independent Examiner. 
>  
> 3. Examination.   
>  
>     The examination procedure (which is under consideration and will be 
> discussed before this section is filled in) must comply with the principles 
> above. It must:
>  
>         3.1 Be impartial;
>  
>         3.2 Give both parties the opportunity to be heard;
>  
>         3.3 Be expeditious; and
>  
>         3.4 Use existing procedures whenever possible.  
>  
>  
>  
> Jim, Kiran, and I look forward to discussing this with the Group.
>  
>  
> David K. Heasley
> Silverberg, Goldman & Bikoff, LLP
> 1101 30th Street, N.W.
> Suite 120
> Washington, D.C. 20007
> Tel. 202.944.2339
> Fax  202.944.3306
> dheasley@xxxxxxxxx
>  
> 
>