Re: [council] GAC and country name reservations

[Nilda Vany Martinez Grajales <vany@sdnp.org.pa>]

Erica, Philip and all:

I am agree with Erica.  In the light of what Erica proposes, I proposed
to Philip a change in his proposal for points 4 and 5 which are the
followings:

4.  The DNSO makes a call to ICANN Board and the GAC to all work
together in order to achieve a policy and/or position regarding
country and geographical names that benefits both countries and domain
name registrants that would have legimit uses of a domain name that
coincides with such country and/or geographical names

5.  once achieved such policy and/or position, send it to WIPO as the
Results of such work in behalf of ICANN/DNSO/GAC for consideration of
WIPO for future WIPO works regarding this issue."

Since the NCDNHC has a resolution that advise that ICANN should not be a
global policy making regarding trademark and intellectual property
rights, then the "policy and/or position" becomes in "position".

I also put this amendments of resolution for consideration of our
NCDNHC.  Still as NCDNHC hasn't arrived yet to a conclusion on Philips
proposal.  Then I posted this proposal of amendment as a personal
proposal.

Best Regards
Vany

-- 
Nilda Vany Martinez Grajales
Information Technology Specialist
Sustainable Development Networking Programme/Panama
Tel: (507) 317-0169
http://www.sdnp.org.pa
e-mail:  vany@sdnp.org.pa


Erica wrote:

I think the key point here is that until we have further definition of
the strings in question and proposed rules for determining
who has rights to the relevant strings, then it is difficult to see what
would (and would not) be required to implement the GAC
recommendation.  Before we can develop any opinion or consensus on the
issue, we need further clarification on the definition
of the strings involved and the proposed rules for determining who has
rights to those strings.
 
It is up to the GAC whether they wish to pursue this thru WIPO or not. 
However, I note that Governments  have already tried
this with little success.  It is a very difficult issue and, while it is
not surprising that WIPO have failed to find a resolution, I think it
is unreasonable to expect that the DNSO or the BoD should succeed where
WIPO and/or the GAC have failed.  I believe we
should therefore recommend that the issued be flicked back to the GAC
with a request for clarification on the proposed method
for defining the stringts in question and for determining who has rights
to the strings.