closed Proposed Updates to Existing Rights Protection Mechanisms Documentation

Outcome

ICANN org received a total of 6 submissions from groups, organizations, and individuals. ICANN org will review the suggested changes to existing RPM documentation in consultation with the IRT to determine which changes are in scope for implementation of the RPM Phase 1 policy recommendations.

What We Received Input On

This Public Comment proceeding is intended to gather input from the ICANN community on the proposed implementation of the Rights Protection Mechanisms (RPMs) Phase 1 Policy Development Process (PDP) recommendations that call for updates to existing procedural documentation concerning the RPMs. Specifically, ICANN org is seeking input on the following RPM-related procedural documents, which have been revised in accordance with the PDP Phase 1 outputs listed below:

• Uniform Rapid Suspension (URS) Rules: updated in accordance with URS Recommendations 1, 2, 3, 4, 6, 7, and 11
• URS Procedure: updated in accordance with URS Recommendations 1, 4, 5, and 6
• URS High Level Technical Requirements for Registries and Registrars: updated in accordance with URS Recommendation 15
• RPM Requirements: updated in accordance with Trademark Claims Recommendations 2, 5, and 6
• PDDRP Rule: updated in accordance with the Trademark Post-Delegation Dispute Resolution Procedure (TM-PDDRP) Recommendation

Note that the implementation of the RPMs PDP Phase 1 recommendations is divided into five separate groups of work that allows for straightforward-to-implement recommendations to be implemented first, with those recommendations with more significant complexity and timing considerations to be implemented sequentially according to level of effort. The recommendations above, which entail updating documentation and related materials concerning RPMs, are being implemented first with the help of a community-based Implementation Review Team (IRT).

Background

In January 2021, the Generic Names Supporting Organization (GNSO) approved the Final Report from the first phase of a Policy Development Process (PDP) on a Review of All Rights Protection Mechanisms (RPMs) in All Generic Top Level Domains (gTLDs). Phase 1 focused on reviewing all the RPMs and associated structures and procedures applicable to gTLDs launched under the 2012 New gTLD Program. The RPMs were created to mitigate potential risks and costs to rights holders that could arise in the expansion of the new gTLD namespace, and to help create efficiencies for registries and registrars among gTLD launches. These RPMs are: the Trademark Post-Delegation Dispute Resolution Procedure (TM-PDDRP); Sunrise and Trademark Claims services offered through the Trademark Clearinghouse (TMCH); and the Uniform Rapid Suspension (URS) dispute resolution procedure.

On 16 January 2022, the ICANN Board adopted all thirty-five (35) final Phase 1 PDP recommendations from PDP Working Group's Phase 1 Final Report and directed a tiered approach for the work based on timing, staffing, and resourcing needed for implementation of the recommendations. In adopting the recommendations, the Board noted that implementation of the recommendations could be divided into several categories. These implementation categories are:

1. Recommendations that call for updates to existing operational practices or documentation concerning the RPMs where no substantial resources are required for implementation - a total number of sixteen (16) recommendations;
2. Recommendations to maintain the status quo (i.e. maintaining the Phase 1 RPMs as implemented for the 2012 New gTLD Program) - a total number of nine (9) recommendations;
3. Recommendations that require substantial resourcing, and involvement of multiple stakeholders to implement - a total number of six (6) recommendations; and
4. Recommendations affecting subsequent round(s) of new gTLDs - a total number of four (4) recommendations.

The Implementation Review Team (IRT) is assisting ICANN org in implementing the recommendations in the first and third implementation categories identified above. Implementation of the remaining recommendations from the Phase 1 Final Report will be integrated into the implementation work related to the subsequent round of new gTLDs.

Supporting Information