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[gnso-igo-ingo] Protection of the RCRC designations - RCRC comments on the Initial Report

  • To: gnso-igo-ingo@xxxxxxxxx, Thomas Rickert <rickert@xxxxxxxxxxx>, Brian Peck <brian.peck@xxxxxxxxx>, mail@xxxxxxxxxxxxx
  • Subject: [gnso-igo-ingo] Protection of the RCRC designations - RCRC comments on the Initial Report
  • From: Stephane Hankins <shankins@xxxxxxxx>
  • Date: Tue, 28 May 2013 18:53:08 +0200

Dear members of the Working Group, dear colleagues,
Many thanks first and foremost to Brian and to Berry for preparing and 
putting together this Initial Report. 

We are attaching herewith for the Group's consideration a series of 
comments and recommendations, essentially intended to recommend that the 
Report 

1.      be made to include due reference to the antecedent GNSO Working 
Group on the IOC and
RCRC names and to its outcomes (thus also considering that the latter WG's 
outcome is actually annexed to the Report). This should also help clarify 
some of the proceedings and submissions presented to the GNSO and to 
ICANN's Board prior to the decision to subsume the IOC/RCRC issues under 
the new IGO/INGO Working Group's mandate;

2.      to complement the section of the Report highlighting the 
respective positions of concerned
organizations and notably the section recalling the claims formulated by 
the Red Cross and Red Crescent organizations on the basis of universally 
accepted treaty based norms of international humanitarian law and the 
domestic law in force in multiple jurisdictions. We would notably wish the 
Report to reflect some of the reflections and submissions made to the 
Group over the past months or weeks, namely 

§       that the list of designations and names to figure within the 
modified reserved list of Red Cross and Red Crescent designations and 
names be extended to include the full list of names of the respective 
components of the International Red Cross and Red Crescent Movement, 
including: 

- the names of the 188 National Red Cross or Red Crescent Societies 
recognized within the Movement (e.g. German Red Cross, Afghan Red 
Crescent, Red Star of David, etc). Our recommendation in this regard would 
be that the list of these names be included at a minimum in English, as 
well as far as possible, in the respective official national languages of 
the National Societies concerned; 
 
- the names of the two international components of the Movement and their 
respective acronyms, namely the International Committee of the Red Cross 
(ICRC) and the International Federation of Red Cross and Red Crescent 
Societies (IFRC) – as a minimum in English and in French. 

§       an alternative once considered and referred to by Thomas in one of 
his communications had been the establishment of a String Similarity 
mechanism by keyword to cover any strings comprising the designations Red 
Cross, Red Crescent, Red Crystal and Red Lion and Sun.

As explained in past communications to the Group, it was our initial 
understanding that the reservation of the designations per se (as listed 
in the Applicant Guidebook and subsequently in Specification 5 of the 
revised Registry Agreement), covered any strings applied for comprising 
the said designations. If this is not the case, this should be duly 
ensured in accordance with relevant international law treaties and the 
domestic laws in force in multiple jurisdictions, as well as with the 
global public interest which grounds protections which are being called 
for.

Extending the protected designations and denominations to the names of the 
respective Red Cross and Red Crescent organizations would also very 
clearly fit within the mandate and approach of the IGO/INGO PDP and its 
specific attention and focus on the names of organisations.

3.      to duly preserve the entitlement of the respective components of 
the International Red Cross and Red Crescent Movement to register the 
designations and names as they would require (and thus in accordance with 
international humanitarian law norms, providing for the right of the 
respective Red Cross and Red Crescent organizations to make use of the 
designations as an "indicative device" for the purpose of identification;

4.      to consider the implementation, at top as well as second levels as 
far as technically possible, of a string similarity review mechanism, and 
thus in line with the stipulations of international humanitarian law 
prohibiting not only the improper or unauthorised uses of the Red Cross 
and Red Crescent designations and related names, but also imitations 
thereof;

5.      that the acronyms of the two international organisations within 
the Movement be afforded protection in their most usual languages. An 
alternative, as discussed within the Group, might indeed be to offer the 
ICRC and the IFRC a waiver of fees to register their acronyms within the 
Trademark Clearinghouse, as well as standing and a fee waiver to activate 
ICANN's remedial mechanisms and objection procedures. 

6.      With regard to the names and acronyms of the international 
components of the International Red Cross and Red Crescent Movement, these 
could also usefully and, we feel legitimately, be added to the list of IGO 
names, and thus, considering that both the ICRC and the IFRC enjoy 
observer status in the United Nations General Assembly. This would also 
bring the criteria of eligible international organisations in line with 
that used elsewhere in the Applicant Guidebook (namely in regard to the 
latter's provisions pertaining to the eligibility of IGO's to file a legal 
rights' objection).

Lastly, we would be grateful if the list of participants in the Working 
Group could be made to specify the respective affiliation of Red Cross and 
Red Crescent representatives [Catherine Gribbin, Canadian Red Cross; Debra 
Hughes, American Red Cross; Christopher Lamb, Australian Red Cross; 
Christopher Rassi, International Federation of Red Cross and Red Crescent 
Societies (IFRC); Stéphane Hankins, International Committee of the Red 
Cross (ICRC)]. This could be added for example in brackets after the 
generic mention "Red Cross Red Crescent" (or International Red Cross and 
Red Crescent Movement).

Our proposed revisions are inserted directly within the attached draft 
Report for the Group's consideration.



All best regards,

Stéphane J. Hankins
Legal adviser
Cooperation and coordination within the Movement
International Committee of the Red Cross
Tel (direct line): ++0041 22 730 24 19 

Christopher M. Rassi 
Senior Legal Officer 
International Federation of Red Cross and Red Crescent Societies 
Chemin des Crêts, 17 | 1209 Petit Saconnex | Geneva | Switzerland 
Tel. +41 (0)22 730 4536 | Fax +41 (0)22 733 0395 
Email christopher.rassi@xxxxxxxx

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