Posts Tagged ‘trademark’

Brussels mandate: Community-developed TMCH gains ascendancy

Wednesday, November 7th, 2012

By Chris Wright

ICANN has tentatively agreed to proceed with the community-developed Trademark Clearinghouse (TMCH) model following two days of discussions at a specially organised informal meeting in Brussels last week.

I believe this is an important breakthrough for the intellectual property, registry and registrar communities as it provides the best harmony between technical implementation and best practice trademark protection policy.

While it is yet to be ratified, the decision to support the processes described in the community TMCH model paves the way for discussions to now focus on how to technically implement this model.

The extraordinary and somewhat unprecedented level of collaboration and negotiation from all parties involved in the TMCH discussions over the past four months warrants congratulation, as does the leadership of ICANN CEO Fadi Chehadé who has been instrumental in facilitating this agreement.

The Brussels TMCH mandate

Just weeks after holding productive workshops at ICANN 45 in Toronto, representatives from the intellectual property and business constituencies, registries, registrars and senior ICANN representatives gathered again in Brussels on 1 and 2 November to negotiate a solution to the stalemate over exactly how the TMCH should be implemented.

The aim of the meeting was to discuss issues related to the implementation of the TMCH as it is described in the Guidebook. This excluded all policy related issues regarding rights protection mechanisms outside of what has already been agreed upon in the Guidebook.

At the top of the agenda were talks to find agreement about which TMCH model best serves the interests of stakeholders – the original ICANN model or the recently published alternative community-developed model.

Concerns have been raised about the feasibility of the original ICANN model. I, and a number of other registries and registrars, have been vocal opponents of ICANN’s original TMCH model because we believe it is too complex and burdensome in the way it achieves its objectives.

In September, we released three whitepapers which described the flaws associated with ICANN’s model and offered an overview of why the community-developed implementation model would achieve the same objectives without these burdens.

After many hours of deliberation, agreement was formed to support the community-developed model and proceed with discussions about how to technically implement it.

The next step

The decision to move forward with the community-developed model means we are now one (big) step closer to building a fully functional TMCH in time for the first delegation of new Top-Level Domains (TLD) which is set to occur in 2013.

This should come as welcome news to all new TLD applicants.

As agreed in Brussels last week, the next step in this process will be a meeting in Los Angeles on 15 and 16 of November to finalise the technical details of the implementation of the TMCH. These details have been missing from all previous discussions because of the lack of certainty about which model would be utilised.

Now that there is agreement on the implementation as described in the community-developed model, we can proceed with discussions about the nitty-gritty technical details involving the integration between registries, registrars and the clearinghouse provider.

Following the Los Angeles meeting, work will begin on writing the TMCH implementation specifications. ICANN will then finalise contractual agreements with the TMCH provider in anticipation of go-live shortly thereafter.

This is a remarkable turnaround in events considering the entire new TLD program was at risk if a workable solution could not be found. There is now light at the end of the tunnel and this is credit to the extensive collaboration that has been seen throughout the development of the TMCH.

Congratulations to everyone involved and well done. We are nearly there.

By Chris Wright
Chief Technology Officer at ARI Registry Services

Who is wagging who? Same dog, new tale.

Thursday, May 5th, 2011

By Adrian Kinderis

Today, my company AusRegistry International signed an open letter to the United States House Subcommittee on Intellectual Property, Competition, and the Internet as a show of support for ICANN and its new Top-Level Domain program. I’m disappointed by the nature of the oversight hearing the Subcommittee has called and I believe it will only be a distraction.

Let’s not kid ourselves; the reason for this hearing is to beat up ICANN over the new TLD program. I think this is unfair and unjustified.

ICANN’s new TLD program has undergone extraordinarily thorough and inclusive discussions going back to ICANN’s incarnation in 1998, and in earnest since 2005. It is without question that rights holders be afforded reasonable protections. However, it must be fairly pointed out that since initiation of this discussion nearly six years ago, ICANN staff and participants (including rights holders, trademark representatives, and delegates of the US government), at significant expense, have accommodated the needs and demands of the IP community to prevent intellectual property theft or needless cost to IP owners.

This is why I’m at a loss for why this hearing has been called at such a late stage in the process, when we are so close to approving the program.

It frightens me that ICANN must jump when the US government calls a hearing on new TLDs. There is something fundamentally wrong with this situation; the global organisation dedicated to keeping the Internet secure, stable and interoperable should not feel such an imbalanced sense of accountability to one government – the US government.

ICANN’s acclaimed multi-stakeholder model means it’s accountable to numerous stakeholders, which include Internet users, Regional Internet Registries, Country Code Registries, several committees and councils, and the Governmental Advisory Committee (GAC) to name a few.  It’s important to remember that the US government forms just one part of the GAC, which is one stakeholder in the vast ecosystem that comprises ICANN.

It makes me think, if any other Government was to call a meeting would the ICANN Community feel as intimidated to participate. What gives them such sway and power and how does the rest of the GAC membership feel about this?

Furthermore, in the Affirmation of Commitments (AoC), ICANN committed to maintain and improve robust mechanisms for public input, accountability and transparency so as to ensure that the outcomes of its decision-making reflect the public interest and are accountable to all stakeholders. The AOC and the completion of the original agreement signalled a globalisation of the Internet and its governance. Yet, we still find ourselves at the mercy of the US government as demonstrated by  this House Subcommittee oversight hearing.

What is more intriguing is why the US Government is seemingly opposed to the implementation of the new TLD program and its associated benefits. It’s contradictory for the US Government to be speaking about the importance of stimulating the economy and job creation on one hand, and then to be also involved in stifling the new TLD program, which has the potential to drive innovation, create jobs, and boost the digital economy.

At ICANN’s recent meeting in San Francisco, former US President Bill Clinton said the technology sector should play a pivotal role in driving economic recovery. He recognised the importance of online innovation for a strong and sustainable economic climate and said information technology was a key driver of the American economy during his eight years in office. He said IT jobs represented 30 percent of the United States’ job growth and 35 percent of its income growth. It is my belief that new Top-Level Domain names are the most compelling opportunity for innovation the Internet has seen since its creation.

ICANN is in the final stages of executing a well developed plan that will see new TLDs and all the benefits associated with them approved later this year. To ICANN’s credit, they have worn the body blows from various sectors of the Community throughout this long, careful and calculated process. They have battled on working towards a solution that provides for the benefit of ALL stakeholders – an incredibly hard task. I understand that the US Government may have questions – however, ultimately they are one voice and not the only voice providing input into the process. The ICANN Community, including the GAC need to remember that.

By Adrian Kinderis, CEO, AusRegistry International

AusRegistry International to attend ICANN Live Outreach Meetings

Monday, July 20th, 2009

By Axia Jarnblad

With the introduction of new gTLDs in early 2010, ICANN is organising meetings at different locations across the world as part of the Global Consultation and Outreach program. Meetings have been held earlier this week in New York and London and upcoming events are also scheduled for Abu Dhabi and Hong Kong in the near future.

These meetings have been specifically organised to educate businesses, trademark experts, professional associations, consumer and other civil society groups, members of the domain name industry, government officials, potential applicants and the ICANN community on the progress of the new gTLD program and to facilitate feedback for further improvements.

Being heavily involved in the domain name industry and the new gTLD process, senior AusRegistry International staff will be in attendance at the meetings in both Hong Kong (24th July) and Abu Dhabi (4th August).

As the two events will focus mainly on new gTLDs and Internationalised Domain Names (IDNs) they are of special interest to AusRegistry International as we have been active in both of these areas for quite some time.

View the meeting agenda for Hong Kong at:
http://www.icann.org/en/topics/new-gtlds/hk-agenda-speakers-24jul09-en.pdf

View the meeting agenda for Abu Dhabi at:
http://www.icann.org/en/topics/new-gtlds/ad-agenda-speakers-04aug09-en.pdf

Make sure you follow us on Twitter at http://twitter.com/ausregistryint in order to get updated on what is happening throughout the meetings.

If you are interested in attending any of these meeting, you can register at: http://www.registration123.com/ICANN/GTLD/