[pdp-pcceg-feb06] IPC Statements of Support on PDP Feb06 Contractual Conditions for Existing gTLDs - draft Policy Recommendations/Terms of Reference

["Rosette, Kristina" <krosette@xxxxxxx>]

Dear Avri,

Please find set forth below the Statements of Support from the
Intellectual Property Constituency ("IPC")  pertaining to the PDP Feb06
Contractual Conditions for Existing gTLDs draft Policy
Recommendations/Terms of Reference.  The IPC statements below utilize
the Policy Recommendation lettering system.

1.  As among Policy Recommendations C, D, and E, the IPC supports Policy
Recommendation D.  (There should be a renewal expectancy for all
registry agreements.)

2.  As between Policy Recommendations F& G, the IPC supports Policy
Recommendation G as modified below:

The "right of renewal" should be standardized for gTLD registry
agreements except where there is an exceptional situation.  (The IPC
modification omits "such as a situation of market dominance or market
power" from the end of the statement.)

3.  As among Policy Recommendations H/I, J, and K, the IPC supports
Policy Recommendation J.  (Consensus policies should always be applied
to all gTLD registries.  On an individual basis, during the contract
negotiation, a registry could present a situational analysis and
justification, which should be posted for public comment before
acceptance/inclusion in the contract, for an exception or modification
from a consensus policy due to unique circumstances of how a particular
policy would affect that registry.  Such an exception will not create
any prejudice for extension to any other gTLD registry.)

4.  The IPC supports Policy Recommendation L.

5.  The IPC abstains from voting on the question of "Should there be a
policy regarding price controls?".

6.  The IPC abstains from selecting between Policy Recommendations M and
N.  The IPC believes that neither of the two policy recommendations
adequately addresses our concerns about policies regarding price
controls. 
7.  The IPC supports Policy Recommendations O, R, and S.  The IPC also
supports the Policy Recommendation we have called Q2:  The development
of the policy elements for this recommendation [should be a policy
regarding use of registry data . . .] needs to be discussed by this Task
Force.

Sincerely yours,
Kristina

Kristina Rosette
GNSO Council Member, IPC, North America