RPM IRT Updates

[Pedro de Perdigão Lana]

Hi everyone,

Just sharing an update that the RPM IRT received between the months April
and May. This IRT is working on the implementation of the policy
recommendations from the Phase 1 work of the Policy Development Process
(PDP) Working Group on the Review of All Rights Protection Mechanisms
(RPMs) in All Generic Top-Level Domains (gTLDs).

As part of the work related to Group 2, ICANN org has published the
educational materials to support users of the RPMs, specifically the "URS
Checklist: Meeting the 'Clear and Convincing' Evidence in a Proceeding" (*URS
Final Recommendation 9*) and the "FAQs for Complainants and Respondents
Regarding URS Proceedings" (*URS Final Recommendation 10*). These are now
available at https://www.icann.org/urs-en



As for the document created in connection with *TMCH Final Recommendation 3*,
titled "Information for Domain Name and Potential Registrants Concerning
the TMCH," this information is now available on the TMCH website at
https://trademark-clearinghouse.com/trademark-claims-service/claims-notice/.



Lastly, in accordance with *URS Final Recommendation
<https://gnso.icann.org/sites/default/files/file/field-file-attach/rpm-phase-1-proposed-24nov20-en.pdf>
#15*, ICANN org has also updated the title of its web page at
https://newgtlds.icann.org/en/applicants/urs from 'URS Technical
Requirements 1.0' to 'URS Registrars and Registries Requirements 1.0'.

Plus, in another message:

The updated PDDRP Rules, which were revised based on the TM-PDDRP
Recommendation from the RPM PDP Phase 1 Final Report, is now available in
both clean and redline versions. You can access it here:
https://www.icann.org/pddrp-en

And, as background to those who want to understand the background and what
the RPM IRT is:

On 18 February 2016, the GNSO Council resolved
<https://gnso.icann.org/en/council/resolutions#20160218-3> to initiate a
two-phased PDP to review all existing RPMs in all gTLDs. The Final Report
issued by the PDP Working Group is the culmination of over four years of
work from Phase 1, assessing the effectiveness of the relevant RPMs
established as safeguards in the 2012 New gTLD Program. These RPMs are: the
Trademark Post-Delegation Dispute Resolution Procedure (TM-PDDRP); Sunrise
and Trademark Claims services offered through the Trademark Clearinghouse
(TMCH); and the Uniform Rapid Suspension (URS) dispute resolution
procedure.

The Working Group finalized its recommendations and submitted its Phase 1
Final Report to the GNSO Council on 24 November 2020. In January 2021, the
GNSO Council unanimously approved
<https://gnso.icann.org/en/council/resolutions/2021#202101-3> the Final
Report
<https://gnso.icann.org/sites/default/files/file/field-file-attach/rpm-phase-1-proposed-24nov20-en.pdf>,
containing thirty-five (35) final recommendations from the Phase 1 work of
the PDP Working Group on the Review of All RPMs in All gTLDs. Pursuant to
the ICANN Bylaws
<https://www.icann.org/resources/pages/governance/bylaws-en>, the GNSO
Council transmitted the recommendations
<https://gnso.icann.org/sites/default/files/file/field-file-attach/council-recommendations-rpm-pdp-phase-1-report-10feb21-en.pdf>
to the ICANN Board, a Bylaws-mandated Public Comment
<https://www.icann.org/public-comments/gnso-rpm-pdp-phase-1-final-recommendations-2021-04-07-en>
proceeding concerning the Phase 1 Final Report was conducted (from 7 April
2021 to 21 May 2021).

On 16 January 2022, the ICANN Board adopted
<https://www.icann.org/resources/board-material/resolutions-2022-01-16-en#2.a>
all thirty-five (35) final Phase 1 PDP recommendations from the PDP Working
Group's Phase 1 Final Report
<https://gnso.icann.org/sites/default/files/file/field-file-attach/rpm-phase-1-proposed-24nov20-en.pdf>
and
directed a tiered approach for the work based on timing, staffing, and
resourcing needed for implementation of the recommendations. In adopting
the recommendations, the Board noted
<https://www.icann.org/resources/board-material/resolutions-2022-01-16-en#2.a>
that implementation of the recommendations could be divided into several
categories. These implementation categories are:

   1.

   *Recommendations that call for updates to existing operational practices
   or documentation concerning the RPMs where no substantial resources are
   required for implementation *- a total number of sixteen (16)
   recommendations;
   2.

   *Recommendations to maintain the status quo (i.e. maintaining the Phase
   1 RPMs as implemented for the 2012 New gTLD Program)* - a total number
   of nine (9) recommendations;
   3.

   *Recommendations that require substantial resourcing, and involvement of
   multiple stakeholders to implement* - a total number of six (6)
   recommendations; and
   4.

   *Recommendations affecting subsequent round(s) of new gTLDs* - a total
   number of four (4) recommendations.

The IRT is assisting ICANN org in implementing the recommendations in the
first and third implementation categories identified above. Implementation
of the remaining recommendations from the Phase 1 Final Report will be
integrated into the implementation work related to the subsequent round of
new gTLDs.

Cordially,

*Pedro de Perdigão Lana*
Lawyer <https://www.nic.br/>, GEDAI/UFPR <https://www.gedai.com.br/>
Researcher
PhD Candidate (UFPR), LLM in Business Law (UCoimbra)
Coordination/Board/EC @ ISOC Brazil <https://www.isoc.org.br/>, NCUC
<https://www.ncuc.org/> & NCSG
<https://community.icann.org/display/gnsononcomstake/Home>(ICANN) and CC
Brazil <https://br.creativecommons.net/>.
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