[gnso-igo-ingo] Protection of the RCRC designations - RCRC comments on the Initial Report
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 =============================================================================== The ICRC - working to protect and assist people affected by armed conflict and other situations of violence. Find out more: www.icrc.org This e-mail is intended for the named recipient(s) only. Its contents are confidential and may only be retained by the named recipient (s) and may only be copied or disclosed with the consent of the International Committee of the Red Cross (ICRC). If you are not an intended recipient please delete this e-mail and notify the sender. =============================================================================== Attachment:
IGO-INGO_Initial_Report_v0.8.RCRC Comments.doc |