At the recent ICANN meeting in Sydney the Intellectual Property Constituency’s Implementation Recommendation Team (IRT) presented details of their recommendations. As expected, the recommendations were the subject of extensive and spirited discussion throughout the week-long meeting.

Members of the non-commercial user’s constituency were the most outspoken against the recommendations in general, calling for more detailed information and more precise descriptions of the types of abuse being targeted in the recommendations. On the other hand, The Government Advisory Committee (GAC) reported that it’s members benefited from the IRT briefings and the GAC believes that these are important issues that deserve focused attention to be resolved prior to the posting of the third version of the Draft Applicant Guidebook. Details of the presentations as well as a full transcript of the session are available by clicking here.

Summaries of Topic Discussions

The IP clearing house and IP claims concepts received strong support overall. As expected, there were many questions focused around who would create, operate and manage the clearing house and where the funding will come from. There were also discussions around other potential uses of the comprehensive database, and developing controls to ensure that the data wouldn’t be used for other than the intended purposes.

The proposed Globally Protected Marks List for protection of highly recognized names didn’t receive substantial support. The perception was such a list only benefits large businesses and offered no real benefit to the rest. Further, any minimum criteria likely would generate complaints from those who just miss making the list regardless.

The Universal Rapid Suspension System drew substantial criticism. More than a few saw the proposal as a replacement for the existing UDRP process. Several questioned the timing and mechanisms for notifying registrants of a dispute prior to a domain name being suspended. A number of opponents suggested considering URS elements as part of an overall review of the UDRP process. Ultimately there appeared to be a general willingness of agreement to improve the current dispute processes to assure mis-use by either respondents or complainants is avoided. The discussions between those for and against the URS made it clear that more detailed examples and cases of how the current system is being abused would help explain the reasoning for particular suggested changes.

ICANN is running further public forums to facilitate on-going discussions with the Internet community regarding workable solutions to some of the outstanding, overarching issues, particularly trademark protection and malicious behaviour. The forums will be in New York on July 13, London on July 15, Hong Kong 24 July, and Abu-Dhabi (tbd).