Re: [gtld-council] modifications to new gTLD recommendations #3 and 6
ColleaguesI would urge you to reconsider carefully the second part of this recommendation. Including the second part means that ICANN itself would become part of the objection process. I am not sure that this is what you intend or how that would be measured. Revising the recommendation on the basis of the recommendation below would cause some significant subjectivity being introduced into the process about "infringement and unfairness". Of course ICANN must, in the selection process, operate in accordance with its bylaws and mission and core values.
We have spent a great deal of time on ensuring that we have a pre- published, objective process that is about the applicant and the string.
Kind regards. Liz ..................................................... Liz Williams Senior Policy Counselor ICANN - Brussels +32 2 234 7874 tel +32 2 234 7848 fax +32 497 07 4243 mob On 29 Jun 2007, at 15:59, Gomes, Chuck wrote:
Regarding Recommendation 3, it seems to me that there are two keyelements: 1) strings that may infringe existing legal rights and 2) theselection process that may infringe existing legal rights. If I amcorrect, then we need to include both in this recommendation and I thinkwe started working in that direction yesterday. Chuck Gomes "This message is intended for the use of the individual or entity to which it is addressed, and may contain information that is privileged, confidential and exempt from disclosure under applicable law. Anyunauthorized use, distribution, or disclosure is strictly prohibited. Ifyou have received this message in error, please notify sender immediately and destroy/delete the original transmission."-----Original Message----- From: owner-gtld-council@xxxxxxxxxxxxxx [mailto:owner-gtld-council@xxxxxxxxxxxxxx] On Behalf Of Robin Gross Sent: Thursday, June 28, 2007 2:14 PM To: gtld-council@xxxxxxxxxxxxxx Subject: [gtld-council] modifications to new gTLD recommendations #3 and 6 NCUC proposes the following modifications to new gTLD recommendations #3 and 6: Rec. 3: The process for selecting strings must not infringe existing legal rights that are enforceable under internationally recognized principles of law or the applicant's national law. Examples of these legal rights that are internationally recognized include, but are not limited to, rights defined in the Paris Convention for the Protection of Industrial Property (in particular trademark rights), the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights (in particular freedom of expression rights). Rec 6: Strings must not be contrary to legal norms that are enforceable under generally accepted and internationally recognized principles of law. Taking into account the aforementioned limitations, no application shall be rejected solely because the applicant orstring is associated with an unpopular or controversial point of view.