Statement of ICANN’s Non-Commercial Stakeholders Group (NCSG) on the Trademark Clearinghouse Talks and Staff Strawman Model

By |January 14th, 2013|

At ICANN’s 45th international meeting in Toronto in October 2012, ICANN’s Intellectual Property and Business Constituencies sent a letter to ICANN to request that additional changes be made to the policies for new top-level domain names. Despite the fact that the current policy had been long finalized via a painstakingly arduous consensus process in which all stakeholders compromised and ultimately reached unanimous agreement, nonetheless the IPC and BC sent a letter to Fadi Chehade, the new CEO, and the ICANN Board of Directors with 8-points for consideration and policy modification. Many of these points were the same requests the intellectual property/ business community has made before. Unfortunately, the key aspects of most of the 8-points sought to re-open previously closed agreements. Further, most of the points proposed policy changes, rather than merely clarifying technical implementation details.

ICANN’s 11th-Hour Domain Name Trademark Policy Negotiations: The Good, The Bad, and The Ugly — Dissecting the Strawman

By |November 18th, 2012|

ICANN organized a meeting on 15-16 November 2012 in Los Angeles, the Trademark Clearinghouse policy negotiations, to consider the 8-point policy requests sent by the Intellectual Property and Business Constituencies to the ICANN board and senior staff at the October 2012 Toronto ICANN meeting. I participated in the LA policy meeting on behalf of noncommercial users and below is my personal evaluation of the meeting and initial reactions to the output of the meeting...

Statement of ICANN’s Non-Commercial Stakeholders Group on Proposals for Additional Trademark Rights Protection Measures for New Top-Level Domain Names

By |November 1st, 2012|

* NCSG is concerned by proposals from the IPC and BC to change consensus policy and re-open previously settled policy matters on Rights Protection Mechanisms for new tlds. * The proposal under discussion does not reflect the hard-won balance found in the current consensus policy, nor the traditional limitations that exist in trademark law. * The proposal removes matters from the negotiated RAA and registry agreements into a vague 'backdoor process', and binds ICANN to unlimited compliance obligations. * Both the substance of the proposals and the manner of presenting it directly to ICANN without a proper policy process undermine our shared desire to create a truly multi-equal stakeholder process that honours ICANN's commitment to transparency and accountability.

IP Justice Comment on Olympic Committee and Red Cross Requests to be Granted Global Exclusive Licensing Rights to Words in the DNS

By |July 24th, 2012|

The comment was filed in response to requests from the International Olympic Committee and Red Cross groups who have asked ICANN to grant them the exclusive right to use in domain names several hundred words that these groups claim are their "exclusive property". Despite their grossly exaggerated legal claims and overblown fears, these groups lobbied the Governmental Advisory Committee (GAC) at ICANN to put pressure upon the ICANN Board and GNSO Policy Council to create such unprecedented rights over the use of words in domain names...

IP Justice Comment on Request to ICANN from Red Cross & Olympic Committee to Ban Others’ Use of Words in Domain Names

By |March 4th, 2012|

Today I write to express my personal disappointment with the way ICANN has mis-handled this request for special rights to prohibit the use of certain words in domain names which are desired by politically powerful, but ultimately arbitrary, interests. Unfortunately, this case represents another clear example of ICANN departing from its own established policies and stated principles of bottom-up governance to demonstrate that it is not quite ready to be a legitimate global governance institution that can be trusted to manage the security and stability of the domain name system in the public interest...

45 Public Interest Groups Send Letter to WIPO on IP Enforcement Activities

By |December 6th, 2011|

Forty-five civil society groups concerned about efforts to ratchet-up the enforcement of intellectual property rights beyond healthy levels sent a letter to the World Intellectual Property Organization (WIPO) this week to their express concern on WIPO's continued promotion of a "maximalist" agenda with respect to intellectual property rights. The civil society letter reminded WIPO that this approach undermine's development dimensions and subordinates fundamental rights including freedom of expression on the Internet. The public interest groups cite the lack of transparency in WIPO decisions and its lack of balancing other public interest concerns in its approach.

Landmark Ruling for Europe on Fair Balance Between Copyright & Fundamental Human Rights

By |November 25th, 2011|

The European Union’s highest court issued a key legal ruling overturning a Belgian law that would have required Internet service providers to monitor all Internet traffic passing through their systems with the goal of protecting copyright holders’ rights.  In a closely watched case, the European Court of Justice struck down a Belgian court ruling from […]

IP Justice Comments on ICANN Policy Proposal for Trademarks & New GTLDs

By |May 10th, 2011|

Statement in public forum regarding ICANN Board response to "scorecard" of the Governmental Advisory Committee (GAC) on trademark protections for new generic top-level Internet domain names. The GAC is pressuring the ICANN Board to dramatically expand the rights of trademark owners after heavy lobbying by trademark industry of governmental representatives who participate at ICANN.

Updated Consolidated Text of the Anti-Counterfeiting Trade Agreement

By |July 14th, 2010|

The full consolidated text of the ACTA agreement, dated July 1st 2010 from the Luzern round of negotiations, including the name of the negotiating parties along with their positions. Sourced from the civil liberties committee (LIBE) of the European Parliament.

IP Justice Statement to ICANN on Need to Respect Decision of Independent Review Panel on .XXX Domain

By |May 10th, 2010|

IP Justice supports the swift adoption of the decision of the Independent Review Panel (IRP) by ICANN and the inclusion of the applied for .xxx domain name into the root. This IRP decision should not be, and cannot be, a referendum on pornography as some comments urge. This decision is only about ICANN's accountability mechanism - its means of correcting its past mistakes, and in particular its mishandling of the .xxx domain name application...