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Re: [gtld-council] modifications to new gTLD recommendations #3 and 6

  • To: "Gomes, Chuck" <cgomes@xxxxxxxxxxxx>
  • Subject: Re: [gtld-council] modifications to new gTLD recommendations #3 and 6
  • From: Liz Williams <liz.williams@xxxxxxxxx>
  • Date: Fri, 29 Jun 2007 16:20:25 +0200


I 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 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 key
elements: 1) strings that may infringe existing legal rights and 2) the
selection process that may infringe existing legal rights.  If I am
correct, then we need to include both in this recommendation and I think
we started working in that direction yesterday.

Chuck Gomes

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-----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 or
string is associated with an unpopular or controversial point of view.

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