[PC-NCSG] Motion deadlines for next Council meeting (IOC/RC issue?)
Robin Gross
robin
Thu Apr 5 00:25:43 EEST 2012
I would like to add the big picture question of "if any" into what the pdp would cover. I don't think we should take for granted that that the answer is that other organizations should be treated the same. So I'd like to tweak it slightly to include the possibility that the answer will be "none" to the question.
> - Definition of the type of organizations that should receive special protection at the top and second level, IF ANY, including the "international legal personality" test;
Thank you,
Robin
On Apr 4, 2012, at 9:50 AM, <Mary.Wong at law.unh.edu> <Mary.Wong at law.unh.edu> wrote:
> Thanks for the quick work and excellent suggestions! If there is no objection, the following motion is what I'll propose to the Council before COB today (with a few tweaks to Avri's, Alain's and KK's drafts):
>
> Whereas the GNSO Council passed a resolution approving new protections for the first round of the new gTLD program as recommended by the GNSO's International Olympic Committee (IOC) and Red Cross/Red Crescent (RC) Drafting Team;
>
> Whereas this resolution indicated that further discussions were required on associated policies relating to protections for certain international organizations at the second level;
>
> Whereas comments have been received coincident with the motion that included requests from international governmental organizations requesting the same protective rights as the IOC/RCRC have received for the current and future rounds of the new gTLD program,
>
> And whereas the development of criteria for the grant of protective rights for such organizations based on standards such as "international Legal Personality" was proposed at the ICANN meeting in San Jos?, Costa Rica,
>
> Resolved,
>
> The GNSO Council request an issue report that would precede the possibility of a PDP that covers the following issues:
>
> - Definition of the type of organizations that should receive special protection at the top and second level, including the "international legal personality" test;
> - Policies required to protect such organizations at the top and second level; and
> - Whether such policies are within the bylaws and the defined powers of the GNSO.
>
> Please let me know immediately if you object to the proposed motion.
>
> Thanks!
> Mary
>
>
>
> Mary W S Wong
> Professor of Law
> Chair, Graduate IP Programs
> Director, Franklin Pierce Center for IP
> UNIVERSITY OF NEW HAMPSHIRE SCHOOL OF LAW
> Two White Street
> Concord, NH 03301
> USA
> Email: mary.wong at law.unh.edu
> Phone: 1-603-513-5143
> Webpage: http://www.law.unh.edu/marywong/index.php
> Selected writings available on the Social Science Research Network (SSRN) at: http://ssrn.com/author=437584
> >>>
> From: Konstantinos Komaitis <k.komaitis at strath.ac.uk>
> To: "'William Drake'" <william.drake at uzh.ch>, Avri Doria <avri at acm.org>
> CC: NCSG-Policy <pc-ncsg at ipjustice.org>
> Date: 4/4/2012 4:50 AM
> Subject: Re: [PC-NCSG] Motion deadlines for next Council meeting (IOC/RC issue?)
> +1 - I don't think mentioning the name of a stakeholder group in a motion is advisable or is even allowed. Although from a legal point of view I can see many questions and issues arising from the term 'International Legal Personality', let's go for it and see how it plays out.
>
> Cheers
>
> KK
>
> Dr. Konstantinos Komaitis,
>
> Senior Lecturer,
> Director of Postgraduate Instructional Courses
> Director of LLM Information Technology and Telecommunications Law
> University of Strathclyde,
> The Law School,
> Graham Hills building,
> 50 George Street, Glasgow G1 1BA
> UK
> tel: +44 (0)141 548 4306
> http://www.routledgemedia.com/books/The-Current-State-of-Domain-Name-Regulation-isbn9780415477765
> Selected publications: http://hq.ssrn.com/submissions/MyPapers.cfm?partid=501038
> Website: www.komaitis.org
>
> -----Original Message-----
> From: pc-ncsg-bounces at ipjustice.org [mailto:pc-ncsg-bounces at ipjustice.org] On Behalf Of William Drake
> Sent: ???????, 4 ???????? 2012 9:01 ??
> To: Avri Doria
> Cc: NCSG-Policy
> Subject: Re: [PC-NCSG] Motion deadlines for next Council meeting (IOC/RC issue?)
>
> I've never seen a motion mention the stakeholder group that suggested it, so this would seem advisable.
>
>
>
> On Apr 4, 2012, at 3:12 AM, Avri Doria wrote:
>
> > Hi,
> >
> > I think it is a good idea to include the idea of the International Legal Personality' suggestion in the wereas, but perhaps it would be better done without specifically mentioning NPOC, just like the Portuguese weren't mentioned. Would it work for NPOC to drop : "by NPOC in San Jos?".
> >
> > just a thought
> >
> > avri
> >
> >
> >
> > On 3 Apr 2012, at 21:00, Alain Berranger wrote:
> >
> >> After consultations with NPOC-EC, this is what I suggest:
> >>
> >> Whereas the GNSO council passed a resolution promoting new policies
> >> for the New gTLD application Period recommended by GAC/GNSO
> >> International Olympic Committee (IOC) and Red Cross (RC) Names
> >> Discussion Group Drafting Team,
> >>
> >> Whereas this resolution indicated that further policy discussions
> >> were required on associated policies of extra protection for certain
> >> organizations at the second level,
> >>
> >> Whereas the comments made coincident with the motion included those
> >> from organizations such as IGOs and other Charitable organizations
> >> requesting the same protective rights as the IOC/RCRC received in the
> >> current and future rounds,
> >>
> >> Whereas the criteria of "International Legal Personality" was
> >> proposed by NPOC in San Jos? for consideration in granting future
> >> protective rights,
> >>
> >> Resolved,
> >>
> >> The GNSO Council request an issues report and the possibility of a PDP that covers the following issues:
> >>
> >> - Definition of the type of organizations that should receive special
> >> protection at the top and second level, including the "International
> >> legal personality" test;
> >> - Policies required to protect such organizations at the top and
> >> second level;
> >> - Whether such policies are within the bylaws and the defined powers of the GNSO.
> >>
> >> Alain
> >>
> >> On Tue, Apr 3, 2012 at 6:44 AM, Konstantinos Komaitis <k.komaitis at strath.ac.uk> wrote:
> >> Thanks Mary for the reminder and Avri for drafting this. I corrected some typos and I am in favour of this being presented as a motion.
> >>
> >> Thanks
> >>
> >> KK
> >>
> >> As the GNSO council passed a resolution promoting new policies for
> >> the New gTLD application Period recommended by GAC/GNSO International
> >> Olympic Committee (IOC) and Red Cross (RC) Names Discussion Group
> >> Drafting Team,
> >>
> >> As this motion indicated that further policy discussions were
> >> required on associated policies of extra protection for certain
> >> organizations at the second level,
> >>
> >> As the comments made coincident with the motion included those from
> >> organizations such as IGOs and other Charitable organizations
> >> requesting the same protective rights as the IOC/RCRC received in the
> >> current and future rounds
> >>
> >> Resolved
> >>
> >> The GNSO Council request an issues report in the possibility of a PDP that covers the following issues:
> >>
> >> - Definition of the type of organization that should receive special
> >> protection at the top and second level;
> >> - Policies required to protect such organizations at the top and
> >> second level
> >> - Whether such policy is within the bylaws and the defined powers of the GNSO.
> >>
> >> Dr. Konstantinos Komaitis,
> >>
> >> Senior Lecturer,
> >> Director of Postgraduate Instructional Courses Director of LLM
> >> Information Technology and Telecommunications Law University of
> >> Strathclyde, The Law School, Graham Hills building,
> >> 50 George Street, Glasgow G1 1BA
> >> UK
> >> tel: +44 (0)141 548 4306
> >> http://www.routledgemedia.com/books/The-Current-State-of-Domain-Name-
> >> Regulation-isbn9780415477765 Selected publications:
> >> http://hq.ssrn.com/submissions/MyPapers.cfm?partid=501038
> >> Website: www.komaitis.org
> >>
> >>
> >> -----Original Message-----
> >> From: pc-ncsg-bounces at ipjustice.org
> >> [mailto:pc-ncsg-bounces at ipjustice.org] On Behalf Of Avri Doria
> >> Sent: ???????, 2 ???????? 2012 9:58 ??
> >> To: NCSG-Policy
> >> Subject: Re: [PC-NCSG] Motion deadlines for next Council meeting
> >> (IOC/RC issue?)
> >>
> >> How is this for start.
> >>
> >> As the GNSO council passed a resolution promoting new policies for
> >> the New gTLD application Period recommended by thw XYZ Drafting Team,
> >>
> >> As this motion indicated that further policy discussion were required
> >> on associated policies of extra protection for certain organizations
> >> at the second level,
> >>
> >> As the comments made coincident with the motion included those from
> >> organizations such as IGOs and other Charitable organization
> >> requesting the same protective rights as the IOC/RC received in the
> >> current and future rounds
> >>
> >> Resolved
> >>
> >> The GNSO Council request an issues report in the possibility of a PDP that covers the following issues:
> >>
> >> - Definition of type organization that should receive special
> >> protection at the top and second level;
> >> - Policies required to protect such organizations at the top and
> >> second level
> >> - Whether such policy is within the bylaws defined powers of the GNSO.
> >>
> >>
> >> (I have not checked the new PDP rules to make sure it contains all the proper elements for a PDP issues report request, but i wanted to help get the ball rolling while i avoided something else i was supposed to be doing).
> >>
> >>
> >> Figure it will get delayed at least one meeting just on principle.
> >>
> >> avri
> >>
> >>
> >> On 2 Apr 2012, at 16:44, <Mary.Wong at law.unh.edu> <Mary.Wong at law.unh.edu> wrote:
> >>
> >>> Is this Wednesday. If we want to propose a PDP or reformulation of the IOC/RC drafting team, guess one needs to be drafted by then, but I'm seriously out of pocket, plus we haven't actually had the discussion about what, exactly, we ought to be proposing and why. Does anyone want to pick this up?
> >>>
> >>> Cheers
> >>> Mary
> >>>
> >>>
> >>> Mary W S Wong
> >>> Professor of Law
> >>> Chair, Graduate IP Programs
> >>> Director, Franklin Pierce Center for IP UNIVERSITY OF NEW HAMPSHIRE
> >>> SCHOOL OF LAW Two White Street Concord, NH 03301 USA
> >>> Email: mary.wong at law.unh.edu
> >>> Phone: 1-603-513-5143
> >>> Webpage: http://www.law.unh.edu/marywong/index.php
> >>> Selected writings available on the Social Science Research Network
> >>> (SSRN) at: http://ssrn.com/author=437584
> >>> _______________________________________________
> >>> PC-NCSG mailing list
> >>> PC-NCSG at ipjustice.org
> >>> http://mailman.ipjustice.org/listinfo/pc-ncsg
> >>
> >>
> >> _______________________________________________
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> >>
> >> _______________________________________________
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> >> http://mailman.ipjustice.org/listinfo/pc-ncsg
> >>
> >>
> >>
> >> --
> >> Alain Berranger, B.Eng, MBA
> >> Member, Board of Directors, CECI, http://www.ceci.ca
> >> Executive-in-residence, Schulich School of Business,
> >> www.schulich.yorku.ca Treasurer, Global Knowledge Partnership
> >> Foundation, www.gkpfoundation.org NA representative, Chasquinet
> >> Foundation, www.chasquinet.org Chair, NPOC, NCSG, ICANN,
> >> http://npoc.org/
> >> O:+1 514 484 7824; M:+1 514 704 7824
> >> Skype: alain.berranger
> >>
> >
> >
> > _______________________________________________
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>
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