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

["Gomes, Chuck" <cgomes@xxxxxxxxxxxx>]

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.
>