{"id":734,"date":"2012-10-21T12:05:20","date_gmt":"2012-10-21T04:05:20","guid":{"rendered":"http:\/\/wiki.iipl.org.cn\/?p=734"},"modified":"2012-11-16T18:12:01","modified_gmt":"2012-11-16T10:12:01","slug":"icann-annunal-meeting-in-toronto","status":"publish","type":"post","link":"http:\/\/wiki.iipl.org.cn\/?p=734","title":{"rendered":"ICANN Annunal Meeting in Toronto"},"content":{"rendered":"

\"\"<\/a>ICANN completed its 43rd meeting in Toronto. The new CEO took office and a couple high-level officers appointed. Over the busy week, I drafted a few policy documents that have been adopted by the pertinent constituencies.<\/p>\n

I drafted the “ALAC Statement on Trademark Clearinghouse Document”.<\/p>\n

In August 2012 the Registry Stakeholder Group filed a DIDP requesting all documents relating to<\/p>\n

\u2022 Any claims alleging ownership of intellectual property rights made by any bidder or bidders [for\u00a0Trademark Clearinghouse (TMCH)] responding to the RFI, including but not limited to claims of\u00a0copyright in data or compilations of data, patents, trademarks or trade secrets; and<\/p>\n

\u2022 Any analysis regarding validity of these claims.<\/p>\n

In September 2012 ICANN responded that:\u00a0Regarding this item, to the extent that bidders made claims of ownership of intellectual property rights\u00a0associated with the proposed operation of the Trademark Clearinghouse, those materials are subject to the\u00a0same conditions of non–disclosure identified in conjunction with Documents on cost and financial models\u00a0regarding the operation of TMCH. Regarding claims of ownership of intellectual property rights arising out\u00a0of the operation of TMCH are being negotiated and will be published in the finalized agreement later.<\/p>\n

The ALAC wishes to request further information on the following:<\/p>\n

\u2022 Intellectual property rights affect or impact ICANN’s decision and selection of TMCH providers.\u00a0Legally, except trade secrets, intellectual property rights, including Patents, Copyright, Trademarks,\u00a0should be publicly disclosed in due course either for subsistence or exercise. Will intellectual\u00a0property rights that affect or impact ICANN’s decision or selection, be disclosed to the community\u00a0in due course, or will they be allowed to remain secret?
\n\u2022 Will ICANN (and its community) be appropriately licensed on royalty-free or RAND (reasonableand-non-discriminatory) basis by the relevant intellectual property owners?
\n\u2022 Is ICANN developing necessary intellectual property policy for decision-making or contract negotiation?<\/p>\n

The ALAC further advises that ICANN needs to implement a thoughtful and comprehensive intellectual\u00a0property policy in which the global public interest is properly secured. In this regard, the Internet\u00a0Engineering Task Force (IETF) intellectual property policy sets a good example.<\/p>\n

____________________________________________<\/p>\n

I draft ALAC Comments on IDN ccTLDs PDP.<\/p>\n

We note with concern that the draft recommendations consider selected\u00a0IDN\u00a0ccTLD\u00a0strings to be confusingly similar based on their appearance to \u201ca reasonable Internet user who is unfamiliar with the script\u201d\u00a0although “linguistic, technical, and visual perception factors” will be taken into consideration.\u00a0\u00a0Notwithstanding the merit and rationale for this assessment criterion, an assessment on confusing similarity based primarily on the appearance of selected strings to users unfamiliar with the script may not be consistent with the nature and purpose of\u00a0IDN\u00a0ccTLDs, which are fundamentally introduced for the use and benefit of local\u00a0IDN\u00a0users in pertinentccTLD\u00a0territories.\u00a0\u00a0Without taking into account sufficient linguistic factors, problematic results may occur.\u00a0\u00a0For example, an\u00a0IDNccTLD\u00a0that is assessed as not confusingly similar by a user “who is unfamiliar with the script” may well be deemed confusingly similar by the local\u00a0IDN\u00a0user and vice\u00a0<\/span>versa.\u00a0\u00a0We believe that t<\/span>his particular issue can be addressed in the policy making processthrough\u00a0<\/span>more consultations with the\u00a0IDN\u00a0communities in implicated\u00a0ccTLD\u00a0territories.<\/p>\n","protected":false},"excerpt":{"rendered":"

ICANN completed its 43rd meeting in Toronto. The new CEO took office and a couple high-level officers appointed. Over the busy week, I drafted a few policy documents that have been adopted by the pertinent constituencies. I drafted the “ALAC Statement on Trademark Clearinghouse Document”. In August 2012 the Registry Stakeholder Group filed a DIDP […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[1,7,6,4,8],"tags":[],"_links":{"self":[{"href":"http:\/\/wiki.iipl.org.cn\/index.php?rest_route=\/wp\/v2\/posts\/734"}],"collection":[{"href":"http:\/\/wiki.iipl.org.cn\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/wiki.iipl.org.cn\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/wiki.iipl.org.cn\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"http:\/\/wiki.iipl.org.cn\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=734"}],"version-history":[{"count":4,"href":"http:\/\/wiki.iipl.org.cn\/index.php?rest_route=\/wp\/v2\/posts\/734\/revisions"}],"predecessor-version":[{"id":737,"href":"http:\/\/wiki.iipl.org.cn\/index.php?rest_route=\/wp\/v2\/posts\/734\/revisions\/737"}],"wp:attachment":[{"href":"http:\/\/wiki.iipl.org.cn\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=734"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/wiki.iipl.org.cn\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=734"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/wiki.iipl.org.cn\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=734"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}