[PC-NCSG] Request for Input: IGO/INGO Curative Rights

[Sam Lanfranco]

////Policy Committee Colleagues,

I am newer to this issue than Amr, but I too am having trouble getting 
my head around the relationship between the issues and proposed Curative 
Rights Protection Mechanisms. Part of what I will call "my confusion" 
has to do with the issues themselves. Indulge me for a few lines while I 
expand on that point by reference to two related but different policy 
issues on the table for discussion within NPOC.

The first has to do with pending European Community revisions to its 
trademark regulations, revisions that could expose not-for-profit and 
civil society organizations to litigation should their domain names 
contain parts that are related to trademarks. In particular that 
involves the following propose regulation language prohibiting: "Using 
the sign as a trade or company name [...], /or as a domain name, or as a 
part thereof."/. I won't expand on this here but we are working with the 
IP constituency that also sees this as problematic. My point here is 
that this is a real issue in the DNS space, but has nothing to do with 
either ICANN or curative rights protection mechanisms. It has to do with 
propose EC changes to its regulations and stakeholder strategies are 
correctly being focused in that direction.

The second has to do with the issues around the .health gTLD and similar 
regulated professions and sectors gTLDs. I have worked with the global 
health community for years. I have advised them on how to get their 
voices heard in the discussions around .health. This has been fought out 
within the gTLD round, is of concern in the GAC, and ALAC has recently 
asked for a moratorium on such gTLDs.

The global health community contains a multitude of not-for-profit and 
civil society organizations. The .health issue on the table for 
discussion within NPOC. Analysis suggests that literally all of the 
global health constituency concerns about .health will exist, with or 
without a .health gTLD, and independent of whether the registry belongs 
to an LLC or possibly the WHO.  Again, while these are real issues to 
the users of the DNS space, dealing with them has little to do with 
ICANN or curative rights protection mechanisms. Strategies for dealing 
with them have to be directed elsewhere and built by stakeholders within 
the constituency.

Back to Amr's comments, is there a good description somewhere of the 
extent to which the IGO/INGO DNS space concerns are issues that can be 
address with curative rights protection mechanisms? To what extent 
should the issues, while endemic to the IGO/INGO spaces in Internet 
ecosystem, be addressed outside ICANN and its curative rights protection 
mechanisms?

Sam L., Chair, NPOC Policy Committee//

On 11/12/2014 9:01 AM, Amr Elsadr wrote:///
/
> /Hi,/
> /Yeah, I'm one who needs help understanding this issue. I know it's 
> been going on for years, and it always seemed like a really complex 
> issue that I've managed to remain clueless about. It keeps coming 
> back. :)/
> /Thanks for sharing it. I'd appreciate as much insight as possible 
> from those presently (and previously) directly involved./
> /Thanks again./
> /Amr/

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