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[bc-gnso] Final BC Position on RPMs & Update on STI

  • To: "'bc - GNSO list'" <bc-gnso@xxxxxxxxx>
  • Subject: [bc-gnso] Final BC Position on RPMs & Update on STI
  • From: "Zahid Jamil" <zahid@xxxxxxxxx>
  • Date: Wed, 11 Nov 2009 10:22:43 +0500

Dear All,
 
Had been holding out for comments or approvals to be received from many who
wished time to add their support or comments.  Here is the final draft.
Please let me know if I have left any important inclusion that may have
reached consensus out.  I plan to post this by midday EST.
 
Here are a few highlights of the Special Trademark Issues working group set
up by the GNSO to respond to the Board's letter:
 
Registrar and Registry are vehemently against:
 
 
Post Launch IP Claims:
(Registrar and Registry are vehemently against, IPC probably don't want to
rock the boat with Ry/Rr, NCSG want to ensure that doesn't lead to 'chilling
effect' for individual registrants) - looking tough!
 
 
Domain Name Transfer in case of successful URS by complainant:
Ry/Rr dislike Domain Name Suspension/Block especially without fee in case of
a successful URS complaint.  They would rather just agree to a simple
transfer since it doesn't 'mess' with their protocols.
NCSG against Transfer - they want a mechanism where even though a name is
subject to a URS, a registrant who can demonstrate legitimate interest
should be able to get that domain name. 
IPC agree to transfer but willing to agree to suspension subject to fee
based renewal by Complainant (TM holder)
 
URS-Mandatory?:
NCSG the only ones against making it mandatory but seem to be open to it if
the URS process incorporates more due process protections.
 
 
 
Sincerely,
 
Zahid Jamil
Barrister-at-law
Jamil & Jamil
Barristers-at-law
219-221 Central Hotel Annexe
Merewether Road, Karachi. Pakistan
Cell: +923008238230
Tel: +92 21 5680760 / 5685276 / 5655025
Fax: +92 21 5655026
 <http://www.jamilandjamil.com/> www.jamilandjamil.com
 
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Attachment: BC Position on RPMs v1.4-Final.doc
Description: MS-Word document



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