Number of Trademark Clearinghouse (TC) providers

[Olivier MJ Crepin-Leblond <ocl@xxxxxxx>]

Dear Sir/Madam:

Having been part of the STI Working Team, as the At Large alternate, I 
support all of the contents of the report.
That said, I would like to point out one item which I feel needs 
mentioning, but which has not made it to the final report. The views I 
express here are entirely my own and do not reflect the consensus views 
of the STI-WT, nor the consensus views of At Large.
I am speaking about the number of Trademark Clearinghouse (TC) providers.

Whilst the original IRT report did not specify whether the Validation of 
the trademarks included in the TC and the database maintenance element 
of the TC should be separated or not, the ICANN staff proposals 
recommended two providers, in order to introduce additional safeguards 
in the process.
Given that the two functions are separate and distinct functions, that 
they each call upon a different skillset, that a concentration of 
responsibility resulting from control of both functions by a single 
provider might ease the possibility of process capture, I also recommend 
that these functions shall be performed by entirely different providers. 
A validation service provider should not be able to maintain the 
database. Similarly, the provider maintaining the database should not be 
able to also offer a validation service. This separation of functions 
should extend to affiliates of the respective providers.
I am basing this argument whilst looking at the wider picture. The 
Trademark Clearinghouse function will grow as ICANN grows. A 
concentration of power under one roof (database maintenance + 
verification of marks by a single provider), gives all the cards to 
build one potentially very powerful organisation. The STI report 
mentions the possibility of having regional validation providers, but 
these ultimately risk being smothered by the database + verification 
combo entity. This might result in a monopoly - and a service provider 
which could become a monster and do ICANN great harm.
In emphasizing that the views I express here are entirely my own, I 
trust that the Board will consider my comments carefully.
Best regards,

--
Olivier MJ Crépin-Leblond, PhD
http://www.gih.com/ocl.html