1 April 2015
- Mary Wong
- Aleksey Khapchenko
The next meeting of the new IGO-INGO Access to Curative Rights Protection Mechanisms Working Group is scheduled on Wednesday 18 March 2015 at 16:00 UTC (09:00 PDT, 12:00 EDT,17:00 London, 18:00 CET).
For other times: http://tinyurl.com/lygzpfm
Adobe Connect WITH AUDIO enabled: https://icann.adobeconnect.com/crp/
Agenda:
- Roll call/updates to SOI
- Update on engagement with the GAC and IGOs (Mason Cole; WG co-chairs)
- Update on proposed amendment to WG Charter by GNSO Council (Phil Corwin to lead; see attached draft motion to the Council)
- Discuss considerations/issues relating to a possible de novo appeal mechanism for IGOs (Petter Rindforth to lead; see attached Briefing Note)
- Next steps/next meeting
Documents for Review:
Briefing Note on WIPO De Novo Appeal Framework
WIPO SCT report on de novo appeal - 2003
MP3 Recording: http://audio.icann.org/gnso/gnso-igo-ingo-01apr15-en.mp3
Meeting Transcript: http://gnso.icann.org/en/meetings/transcript-igo-ingo-crp-access-01apr15-en.pdf
Attendees:
George Kirikos - Individual
Petter Rindforth – IPC
Phil Corwin – BC
Val Sherman - IPC
Jay Chapman – Individual
Kathy Kleiman - NCUC
David Maher - RySG
Mason Cole – RySG
Jim Bikoff – IPC
Jay Chapman – Individual
Paul Tattersfield - Individual
Lori Schulman - NPOC
Apologies: none
ICANN staff:
Mary Wong
Amy Bivins
Steve Chan
Yolande Jimenez
Nathalie Peregrine
Adobe Connect chat transcript for Wednesday, 01 April 2015:
Nathalie Peregrine:Dear all, welcome to the IGO-INGO Curative Rights Protection PDP WG Meeting on the 01 April 2015
George Kirikos:Hi everyone.
Nathalie Peregrine:Hello George!
George Kirikos:Hi Nathalie. How art thou?
Petter Rindforth:Hi there!
George Kirikos:Hey Petter. How are you doing?
Petter Rindforth:The spring is slowly coming to Sweden, so I'm happy :-)
George Kirikos:Great. :-)
George Kirikos:My bank is a joke....30 mins on hold, grrrr.
Val Sherman:Hi All!
George Kirikos:Hi Val.
Philip Corwin:Hello all
George Kirikos:lol Petter!
George Kirikos:Welcome, Phil.
Philip Corwin:With ICANN, any given day can be a Fool's Day ;-)
Mary Wong:Sorry - didn't realize we were going through the letter
Mary Wong:This is the final version based on everyone's comments, which Phil and Petter will be sending to the IGO small group; they are reviewing it one last time prior to sending
Nathalie Peregrine:Kathy Kleiman has joined the call
Mary Wong:Thanks for the very helpful suggestions, George!
George Kirikos:Here's the video with ICANN President Fadi Chehade:https://www.youtube.com/watch?v=yGwbYljtNyI
Mason Cole:That's good to know, thanks Steve.
George Kirikos:Will the GAC perhaps wait until after the next ICANN meeting (face-to-face) before responding?
George Kirikos:(next meeting is end of June)
Steve Chan:@George, I'm under the impression that it should definitely be prior to the next meeting
George Kirikos:Thanks, Steve.
Nathalie Peregrine:Lori Schulman joined the call
lori Schulman:sorry I am late. tough month but I am back
Mary Wong:Welcome back, Lori, and congrats on the new position again!
George Kirikos:Welcome, Lori.
lori Schulman:thank you.
George Kirikos:New position?
George Kirikos:Might need to update Statement of Interest?
George Kirikos:https://icann-community.atlassian.net/wiki/spaces/gnsosoi/pages/106805139/Lori+S.+Schulman+SOI
lori Schulman:yes, I am now Senior Director for Internet policy for INTA
George Kirikos:Congratulations.
lori Schulman:I need to change my SOI. I haven't done that yet. lots to do.
lori Schulman:I will do it after our meeting.
DAvid Maher (GNSO - RySG):@ Lori CONGRATS!
Philip Corwin:Congrats Lori. As a member of INTA's Internet Committee I look forward to working with you in that context.
George Kirikos:#4 mentions 6ter
lori Schulman:Thank you David. I appreciate that knowing you are a recovering TM lawyer.
Kathy Kleiman:makes sense - tx for the discussion!
lori Schulman:thank you Phil. I am very excited.
George Kirikos:Didn't we send a letter to the GNSO Council saying that INGOs were off the table?
George Kirikos:Thanks, Phil.
Mary Wong:Note also that the Council may well amend (expand/limit/edit) our proposed language
Kathy Kleiman:yes, agree
Mary Wong:The actual Secretariat language on Phil's point is: "As stated earlier, the requirement for UDRP complainants to submit to a “mutual jurisdiction” does not prevent either party from initiating court litigation elsewhere. Similarly, a State’s submission to de novo arbitration should not restrict either party’s recourse to a national court of justice (even though, for a respondent, this option might be rather theoretical if the State successfully asserts immunity from jurisdiction). However, once the respondent has initiated a de novo arbitration procedure and thus concluded the arbitration agreement, the dispute would have to be finally determined by arbitration."
George Kirikos:Ontario's consumer protection act, which I've mentioned before, makes those clauses void.
George Kirikos:I'm sure similar laws exist elsewhere.
George Kirikos:Here's NY state legislation making mandatory arbitration clauses void in some instances http://codes.lp.findlaw.com/nycode/GBS/26/399-c
George Kirikos:Phil's hand is up.
Kathy Kleiman:tread water - good term!
Mary Wong:From time travel to treading water - Phil's on a roll
George Kirikos:See you all in two weeks. Have a great day, everyone.
Kathy Kleiman:tx for the meeting!
Val Sherman:thanks All!
Philip Corwin:Bye all