ICANN Resolutions » 2004-12-05 - WIPO II Report Next Steps

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2004-12-05 - WIPO II Report Next Steps


Resolution of the ICANN Board
Topic: 
WIPO-2 Report Next Steps
Summary: 

Board requests ICANN Staff analyze public comment expected to be received from posting of Joint Working Group report and WIPO advisory on ICANN website, and create report based on results.

Category: 
gTLDs
Meeting Date: 
周日, 5 十二月 2004
Resolution Number: 
04.106
Status: 
Complete
Implementation Actions: 
  • Analyze expected public comment to create report and, if appropriate, recommendation to Board.
    • Responsible entity: ICANN Staff
    • Due date: April 2005
    • Completion date: TBD
Resolution Text: 

Whereas, the World Intellectual Property Organization (WIPO) sent ICANN a letter dated 21 February 2003 providing information about two decisions that WIPO member states requested be transmitted to ICANN: (1) concerning the names and acronyms of international intergovernmental organizations, and (2) concerning the names of countries.

Whereas, in response to an invitation from the Board, advice and comments were received from the At-Large Advisory Committee (ALAC), the GNSO Council, the Governmental Advisory Committee (GAC), and the Intellectual Property Interests and the Commercial and Business Users Constituencies of the GNSO.

Whereas, pursuant to Board Resolution 03.83 directed ICANN's President formed a joint working group which included participants in the GNSO, the ALAC, and the GAC as well as Board members, for the purpose of analyzing the practical and technical aspects of implementing the WIPO recommendations, and notably the implications for the UDRP.

Whereas, the President's WIPO II Joint Working Group was unable to deliver a report during ICANN's Kuala Lumpur Meeting in June 2004 indicating that it could achieve consensus in its recommendations regarding these issues.

Whereas pursuant to Board Resolution 04.61 and 04.62, ICANN Staff was directed to investigate and analyze the Joint Working Group's report, and has commenced such review and investigation and has also commenced additional consultation, but has been unable to obtain enough information to be able to make a recommendation at this time.

Whereas the President, in his oral report to the Board on 5 December, stated that the analysis of the report of the Joint Working Group shows that there is no consensus among its members on the practical and technical aspects of implementing the WIPO recommendations, and notably the implications for the UDRP, that the staff has undertaken another consultation with the Senior Staff of WIPO with the purpose of seeking further advice on the findings of the Joint Working Group, that the staff has posted the Report of the Joint Working Group as well as the advisory received from WIPO for public comment, and that further consultations with the community are appropriate;

Whereas, based on the recommendations of the President in his oral report to the Board;

Resolved (04.106) staff is requested to undertake further analysis of the comments expected during the public comment period, the staff to undertake to consult the community members with the purpose of drawing up a report based on all these elements that, together with an appropriate draft Recommendation to be submitted for public comments, and that the Board be informed of the results of these efforts, including if appropriate a Recommendation, at its meeting in Mar del Plata in April 2005.

(Eleven votes in favor, none opposed, no abstentions.)

Additional Information: