RE: [gnso-sti] Draft STI Report

[Alan Greenberg <alan.greenberg@xxxxxxxxx>]

I support this.  Alan

At 05/12/2009 05:41 PM, Neuman, Jeff wrote:

> Thanks Margie,
>
>
> Recommendations 2.3 and 6.1 are very much related.  I believe the 
> following changes should be made in conjunction with our discussions.
> 2.3  should be changed from "The TC Service Provider should be 
> required to maintain a separate TC database, and may not use the TC 
> database to provide ancillary services." To "The TC Service Provider 
> should be required to maintain a separate TC database, and may not 
> store any data in the TC database related to its provision of 
> ancillary services, if any."
>
>
> 6.1 should be changed from: "There should be no bar on the TC 
> Service Provider or other third party service providers providing 
> ancillary services on a non-exclusive basis.  Such services could 
> include, without limitation, a "marks contained" service, or a TM 
> watch service.   In order not to have a competitive advantage over 
> competitors, the TC database should be licensed to competitors 
> interested in providing ancillary services on reasonable terms.  The 
> implementation details should be left to Staff to address possible 
> monopoly and competition concerns.   If the TC Service Provider 
> provides such ancillary services, any information should be stored 
> in a separate database." to:
> "There should be no bar on the TC Service Provider or other third 
> party service providers providing ancillary services on a 
> non-exclusive basis.  Such services could include, without 
> limitation, a "marks contained" service, or a TM watch service.   In 
> order not to have a competitive advantage over competitors, the TC 
> database should be licensed to competitors interested in providing 
> ancillary services on an equal basis on commercially reasonable 
> terms; provided that the TC Service Provider is not materially 
> advantaged in the provision of such ancillary services by virtue of 
> it being the TC Service Provider.  The specific implementation 
> details should be left to Staff to address possible monopoly and 
> competition concerns, and all terms and conditions related to the 
> provision of such services shall be included in the TC Service 
> Provider's agreement with ICANN and subject to ICANN review.   As 
> stated in 2.3, if the TC Service Provider provides such ancillary 
> services, any information should be stored in a separate database.
> Thanks again Margie.  I will review the other provisions when I get 
> a few more minutes.
> Jeffrey J. Neuman