Registrars SG Briefing- Vertical Integration Special Trademark Issues Margie Milam Senior Policy Counselor ICANN 8 March 2010

Vertical Integration 2

3 Recent Developments- Vertical Integration  NCUC Requests Issues Report 24 Sep 09  Issues Report Delivered by Staff 11 Dec 09  GNSO Approves PDP 28 Jan 10  Draft Charter for GNSO Approval 10 Mar 10  Identify working group volunteers 26 Mar 10  Work to be concluded in 16 weeks 30 Jun 10

Issues Report - Executive Summary  New gTLD implementation process on separate track from PDP  The PDP does not delay the New gTLD implementation process  Any policy recommendations (if Board approved) to affect subsequent application rounds, but not initial round  Initiating a PDP is within scope of GNSO’s mandate –Due to contractual restrictions, a Consensus Policy may not affect existing gTLDs –A PDP may not achieve a uniform approach to new and existing gTLDs, or among new gTLDs from different rounds of applications 4

Effect of a PDP on the Implementation Process Background on New gTLD Policy  GNSO approval-Sept 07, Board approval-June 08  New gTLD policy included requirements for registry agreement: Recommendation 10: There must be a base contract provided to applicants at the beginning of the application process.  Any new policy should be adopted quickly to affect 1 st round of applications 5

Historical Role of the GNSO Council on Vertical Integration  No Prior Policy Recommendation on this Issue  Current practice varied over time in response to changing market conditions  Past changes did not require GNSO approval, but were done through the renewal/rebid process with each registry  Continuing to resolve this issue through the implementation process is consistent with the ICANN Bylaws  GNSO input is valued and encouraged through the implementation process 6

Proposed Charter for VI Working Group From the Preamble: The working group on vertical integration shall evaluate and propose policy recommendations for new gTLDs and existing gTLDs. The working group expects to define the range of restrictions on vertical separation that are currently in effect, to serve as a baseline to evaluate future proposals. 7

Next Steps- Vertical Integration  Proposed Charter to be voted on by GNSO in Nairobi  First Meeting Wednesday 12:00 – 1:30 pm (Impala Room)  Volunteers sought for working group  Work to be conducted on an expedited basis (16 weeks) 8

New gTLDs: Special Trademark Issues 9

Trademark Protection  Solutions for this set of issues are virtually complete: –GNSO completed consideration of Trademark Clearinghouse and Uniform Rapid Suspension (URS) mechanisms –Special Trademark Issues Review Team (STI) reached unanimous consensus in most areas, rough consensus in others –Current Trademark Clearinghouse and URS proposal is based on STI work –New version of Trademark Post-Delegation Dispute Resolution Procedure (PDDRP) posted based on public comment and discussion 10

Proposed Model Trademark Clearinghouse Uniform Rapid Suspension Procedure Post Delegation Dispute Resolution Mechanism Thick WHOIS Trademark Solutions 11

Trademark and Community Protection Solutions For more information: Trademark Clearinghouse: proposal-clean-15feb10-en.pdf Uniform Rapid Suspension Procedure: Post Dispute Delegation Resolution Procedure: 15feb10-en.pdf 12

Questions? 16 March