Purpose: This public comment proceeding is being opened in order to obtain community input on the Initial Report from the GNSO's Policy Development Process Working Group that is evaluating IGO and INGO's access to curative rights protection mechanisms.
Current Status: This Initial Report on IGO-INGO Access to Curative Rights Protection Mechanisms is posted for public comment as required by the GNSO Operating Procedures.
Next Steps: Following review of public comments received on this report, the Working Group will update the Report as appropriate to reflect public comment. The Working Group will submit its Final Report to the GNSO Council for its consideration.
Section I: Description and Explanation
In June 2014, the GNSO Council approved a resolution to initiate a Policy Development Process (PDP), which was directed to consider the specific needs and circumstances of international governmental organizations (IGOs) and international non-governmental organizations (INGOs): (1) the curative rights protection mechanisms currently in place for both existing and new generic top level domains (gTLDs) should be amended and, if so, in what respects; or (2) a separate, narrowly-tailored dispute resolution procedure modeled on the existing curative rights protection mechanisms should be developed.
In order to arrive at a set of preliminary recommendations and conclusions, the Working Group (WG) analyzed the questions outlined in its Charter, reviewed historical documentation related to the specific topic, reached out to the community for input, as well as sought the input of an international legal expert to provide guidance on relevant legal instruments and applicable international law. The WG did not yet take formal consensus calls on its preliminary recommendations and in fact, presents multiple options for policy recommendation language in one instance.
This Initial Report [PDF, 1.19 MB] is being published for public comment in accordance with the GNSO Operating Procedures. Following analysis of all public comments received, the WG will finalize its recommendations and prepare a Final Report for delivery to the GNSO Council, for its review and action.
Section II: Background
In June of 2014, the GNSO Council initiated the PDP, and the WG commenced its work in August of 2014 through weekly teleconference meetings, discussions on its mailing list, and face-to-face sessions involving the broader community at ICANN Public Meetings. In addition, the WG was selected by the GNSO Council to participate in a pilot face-to-face full-day session assisted by a facilitator, immediately following the ICANN Public Meeting in Singapore in February of 2015.
The WG has developed preliminary recommendations for a number of the charter questions it was tasked to address, which are described in its Initial Report. The Initial Report also contains alternative formulations of policy recommendation text in one instance. Community feedback is therefore sought on the preliminary recommendations, open questions and alternative formulations. The WG will review all public comments received as part of its preparations of its Final Report for delivery to and vote by the GNSO Council.