Registrars SG Briefing-
Vertical IntegrationSpecial Trademark Issues
Margie MilamSenior Policy CounselorICANN8 March 2010
Vertical IntegrationVertical Integration
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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
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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 1st round of applications
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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
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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.
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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)
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New gTLDs: Special New gTLDs: Special Trademark IssuesTrademark Issues
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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
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Proposed Model
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Trademark and Community Protection Solutions
For more information:
Trademark Clearinghouse:http://www.icann.org/en/topics/new-gtlds/trademark-clearinghouse-
proposal-clean-15feb10-en.pdf
Uniform Rapid Suspension Procedure:http://www.icann.org/en/topics/new-gtlds/draft-urs-clean-15feb10-en.pdf
Post Dispute Delegation Resolution Procedure:http://www.icann.org/en/topics/new-gtlds/draft-trademark-pddrp-clean-
15feb10-en.pdf
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Questions?
16 March 2009
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