Re: [gnso-igo-ingo] Exception Procedure

[Alan Greenberg <alan.greenberg@xxxxxxxxx>]

I must say that I generally agree with Robin an 
Mason. More pointedly, I do not think that this 
proposal is even self-consistent.
Ignoring for the moment, the delay in carrying 
out this procedure, I fail to understand how 
something could be inexpensive (when we are 
talking about a domain name that might cost $10 
per year), and still use dispute processes 
similar to those we already have in place (such 
as the lowest price mechanism, the URS, which is expected to cost about $300).
Alan

At 19/03/2013 06:18 PM, David Heasley wrote:
> 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