IGO-INGO Access to Curative Rights Protection Mechanisms PDP WG Background Items for WG Review

Items for WG Review The GNSO Policy Development Process (PDP) The GNSO’s Working Group (WG) Guidelines The Charter for this WG and other relevant background information

GNSO Policy Development Process 3

The GNSO Policy Development Process Current Working Group (WG) approach stems from earlier GNSO Improvements effort to develop mechanisms more effective and responsive to ICANN’s policy development needs Revised Policy Development Process (PDP) encapsulating WG approach adopted by ICANN Board in December 2011 Applies to all ongoing and new PDPs

Notable PDP WG Requirements Constituency / Stakeholder Group input required Opinion of other ICANN Advisory Committees and Supporting Organizations solicited early on in the PDP Development of an Initial Report for public comment Reviewing public comments received Development of a Final Report

Further Reading 14 Annex A of the ICANN Bylaws on the GNSO PDP PDP Manual - manual-26mar14-en.pdfhttp://gnso.icann.org/council/annex-2-pdp- manual-26mar14-en.pdf PDP Overview - policy/pdphttp://gnso.icann.org/en/basics/consensus- policy/pdp

GNSO Working Group Guidelines 15

GNSO WG Guidelines 16 Objective - assist Working Groups to optimize productivity and effectiveness Main elements of importance include: – First meeting of the Working Group – Working Group Member Roles and Responsibilities – Use of sub-teams, briefings and subject matter experts – Participation and Representativeness – Process integrity, Behavior and norms – Standard Methodology for Making Decisions – Appeal process – Communication and collaboration tools – Products & Output

Further Reading 17 GNSO Working Group Guidelines Summary mar14-en.pdf 26mar14-en.pdf GNSO Working Group Guidelines mar14-en.pdfhttp://gnso.icann.org/council/annex-1-gnso-wg-guidelines- 26mar14-en.pdf

WG Charter 18

WG Charter 19 This WG is: “tasked to provide the GNSO Council with policy recommendations regarding whether to amend the UDRP and URS to allow access to and use of these mechanisms by IGOs and INGOs and, if so in what respects or whether a separate, narrowly-tailored dispute resolution procedure at the second level modeled on the UDRP and URS that takes into account the particular needs and specific circumstances of IGOs and INGOs should be developed.” “In commencing its deliberations, the WG should at an early stage gather data and research concerning the specific topics listed in Section X of the Final Issue Report as meriting such further documentation.”

WG Charter – Specific Questions for Consideration (I) 20 The WG should “at a minimum” consider:  The differences between the UDRP and the URS;  The relevance of existing protection mechanisms in the Applicant Guidebook for the New gTLD Program;  The interplay between … this PDP and the forthcoming GNSO review of the UDRP, URS and other rights-protection mechanisms;  The distinctions (if any) between IGOs and INGOs for purposes of this PDP;

WG Charter – Questions (2) 21 The potential need to distinguish between a legacy gTLD and a new gTLD launched under the New gTLD Program; The potential need to clarify whether the URS is a Consensus Policy binding on ICANN’s contracted parties; The need to address the issue of cost to IGOs and INGOs to use curative processes; and The relevance of specific legal protections under international legal instruments and various national laws for IGOs and certain INGOs (namely, the Red Cross movement and the International Olympic Committee).

WG Charter – Questions (3) 22 Review the deliberations of the 2003 President’s Joint Working Group on the 2001 WIPO report as a possible starting point; Consider whether subsequent developments such as the introduction of the New gTLD Program and the URS may mean that prior ICANN community recommendations on IGO dispute resolution are no longer applicable; Examine whether or not similar justifications and amendments should apply to both the UDRP and URS, or if each procedure should be treated independently and/or differently; Reach out to existing ICANN dispute resolution service providers for the UDRP and URS as well as experienced UDRP panelists..

WG Charter – Questions (4) 23 Determine what (if any) are the specific different considerations (including without limitation qualifying requirements, authentication criteria and appeal processes) that should apply to IGOs and INGOs; Conduct research on applicable international law regarding special privileges and immunities for IGOs Conduct research on the extent to which IGOs and INGOs already have trademarks and might be covered, in whole or in part, by existing UDRP and URS proceedings; Conduct research on the number and list of IGOs currently protected under Article 6ter of the Paris Convention for the Protection of Intellectual Property;

WG Charter – Questions (5) 24 Conduct research on the number and list of INGOs included on the ECOSOC list in consultative status; Consider whether or not there may be practicable alternatives, other than amending the UDRP and URS, that can nonetheless provide adequate curative rights protections for IGOs and INGOs, such as the development of a specific, narrowly-tailored dispute resolution procedure modeled on the UDRP and URS, and applicable only to IGOs and/or INGOs;

WG Charter – Questions (6) 25 Consider a very clear definition of the mission of the IGOs, its scope of operations and the regions and countries in which it operates; the goal here being to provide a context for the IGO or INGO similar to the scope and terms of a trademark with its International Class and clear description of goods and services; Consider recommendations that incorporate fundamental principles of fair use, acknowledge free speech and freedom of expression, and balance the rights of all to use generic words and other terms and acronyms in non-confusing ways; and Bear in mind that any recommendations relating to the UDRP and URS … may be subject to further review under the GNSO’s forthcoming PDP to review all the rights protection mechanisms …

WG Charter – Additional Notes 26 The WG should invite participation from other ICANN Supporting Organizations and Advisory Committees, including the GAC, and from interested IGOs and INGOs. It should track any ongoing discussions between the GAC and GNSO on resolving remaining differences between GAC advice and the GNSO recommendations on RCRC and IGO acronym protection. For purposes of this PDP, the scope of IGO and INGO identifiers is to be limited to those identifiers previously listed by the GNSO’s PDP WG on the Protection of International Organization Identifiers in All gTLDs as protected by their consensus recommendations.

Other information in the WG Charter 27 Outcomes are intended to include an Initial & Final Report Decision-making methodology and consensus levels Problem / Issue escalation & resolution processes Staffing and organization See charter-24jun14-en.pdfhttp://gnso.icann.org/en/drafts/igo-ingo-crp-access- charter-24jun14-en.pdf

Other Background Information Difference between “preventative” (i.e. reserved/withheld from registration) and “curative” (i.e. post-registration resolution) protections Curative protections will apply to second-level registrations Previous IGO-INGO PDP WG had recommended certain identifiers be withheld either from top or second level registration – but not for IGO acronyms or INGO identifiers Some recommendations adopted by ICANN Board on 30 April 2014 Remaining recommendations pending resolution/reconciliation with GAC advice - ongoing discussions per Board (NGPC) letters to GNSO Council of 16 June 2014 & 24 July 2014) 28

List of Protected IGO & INGO Identifiers Red Cross Red Crescent Movement (RCRC) Identifiers Scope 1 Identifiers: "Red Cross", "Red Crescent", "Red Lion and Sun" and "Red Crystal" (Language: UN6) Scope 2 Identifiers: 189 recognized National Red Cross and Red Crescent Societies; International Committee of the Red Cross; International Federation of Red Cross and Red Crescent Societies; ICRC, CICR, CICV, MKKK, IFRC, FICR (Language: in English, as well as in their respective national languages; ICRC & IFRC protected in UN6) International Olympic Committee (IOC) Identifiers Scope 1 Identifiers: olympic, olympiad (Language: UN6, + German, Greek, and Korean) 29

International Governmental Organization (IGO) Identifiers Scope 1 Identifiers: GAC List (22 March 2013) - Full Name (Language: Up to two languages) Scope 2 Identifiers: GAC List (22 March 2013) - Acronym (Language: Up to two languages) International Non-Governmental Organizations (INGO) Identifiers (other than RCRC & IOC) Scope 1 Identifiers: ECOSOC List (General Consultative Status) (Language: English only) Scope 2 Identifiers: ECOSOC List (Special Consultative Status) (Language: English only) 30

Questions 31

Thank You