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ICANN Resolutions » 2009-03-06 - Protection for Trademarks in New gTLDs

Important note: The Board Resolutions are as reported in the Board Meeting Transcripts, Minutes & Resolutions portion of ICANN's website. Only the words contained in the Resolutions themselves represent the official acts of the Board. The explanatory text provided through this database (including the summary, implementation actions, identification of related resolutions, and additional information) is an interpretation or an explanation that has no official authority and does not represent the purpose behind the Board actions, nor does any explanations or interpretations modify or override the Resolutions themselves. Resolutions can only be modified through further act of the ICANN Board.

2009-03-06 - Protection for Trademarks in New gTLDs


Resolution of the ICANN Board
Topic: 
Protection for Trademarks in New gTLDs
Summary: 

Board directed that an "Implementation Recommendation Team" be created to solicit input, and develop and propose solutions to the overarching issue of trademark protection in connection with the introduction of new gTLDs by specified dates and with staff support.

Category: 
gTLDs
Meeting Date: 
Fri, 6 Mar 2009
Resolution Number: 
2009.03.06.06
Status: 
Complete
Implementation Actions: 
  • Convene an Implementation Recommendation Team
    • Responsible entity: GNSO's Intellectual Property Constituency
    • Due date: None specified
    • Completion date: 25 March 2009
  • Solicit input from interested constituencies
    • Responsible entity: Implementation Recommendation Team
    • Due date: March 2009
    • Completion date: March 2009
  • Provide resources
    • Responsible entity: ICANN COO
    • Due date: None specified
    • Completion date: May 2009
  • Provide draft report and final report
    • Responsible entity: IRT
    • Due date: (Draft) 24 April 2009; (Final) 24 May 2009
    • Completion date: (Draft) 24 April 2009; (Final) 29 May 2009
Resolution Text: 

Whereas, based on the public comment submissions received regarding the New gTLD Draft Applicant Guidebook, ICANN Staff has determined that the implementation issues involving trademark protection need additional community input and analysis. These issues exist today within the existing gTLDs.

Whereas, members of the community with knowledge and expertise in this area have proposed a way to synthesize the comments received in this area, and, with input from the broader community, including WIPO, propose solutions to the Staff on these issues in a timely manner.

Whereas, the board recognizes that resolution of these issues would be beneficial to the introduction of new gTLDs, it is

Therefore resolved (2009.03.06.06), that the Board requests the GNSO's Intellectual Property Constituency in consultation with staff to convene an Implementation Recommendation Team comprised of an internationally diverse group of persons with knowledge, expertise, and experience in the fields of trademark, consumer protection, or competition law, and the interplay of trademarks and the domain name system to develop and propose solutions to the overarching issue of trademark protection in connection with the introduction of new gTLDs.

It is further resolved that the Implementation Recommendation Team will be comprised principally from the organizations and persons that proposed such solutions in the public comment period on the first draft Applicant Guidebook, and the Implementation Recommendation Team would use the solutions proposed in the public comments as its starting point for development.

The board directs the Implementation Recommendation Team to solicit input from the interested constituencies prior to its first session to ensure broad community input at the outset of its work.

The board further directs (i) staff to provide a dedicated staff person and additional staff resources as staff determines to facilitate the work of the Implementation Recommendation Team, and (ii) reasonable travel support be provided to up to fifteen members of the Implementation Recommendation Team for the purpose of conducting two face-to-face meetings in hub cities.

The board further requests that the Implementation Recommendation Team (i) distribute its draft report by 24 April 2009 to interested members of the community for comment, and (ii) produce a final report to be published no later than 24 May 2009 for consideration by the ICANN community at the Sydney meeting.

Additional Information: 
  • No additional funding provided.