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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