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[council] GNSO Council Resolutions passed on 28 October 2009



Dear All,

Ahead of the official minutes, the following motions were passed at the GNSO 
Council meeting in Seoul today, 28 October 2009.

1. Motion to adopt updated GNSO Council Procedures 
=================================================

Moved by: Wolf-Ulrich Knoben
Seconded by: Chuck Gomes

Whereas

The OSC, and its Operations Work Team, produced an updated version of the GNSO 
Council Operating Procedure that were in line  with the Board update of the 
ByLaws related to the structure of the GNSO,

and the update was submitted to a period of Public Comment extending from 25 
September 2009 until 16 October 2009,

and the comments have been analyzed and discussed by the GNSO council

Resolved

The GNSO Council Operating Procedures defined in 
http://gnso.icann.org/drafts/draft-gnso-operating-procedures-24sep09-en.pdf are 
accepted with the following proviso:

Paragraph 4.2, dealing with the subject of counting of abstentions, is approved 
only as an interim solution. The GNSO Council Operations Work Team (GCOT) is 
requested to review this item and recommend a further solution by Nov 25, 2009


These updated Council Procedures will be in force once approved and will be 
forwarded to the ICANN Board of Directors for review.


2. GNSO Council Chair election
===========================
http://gnso.icann.org/announcements/announcement-28oct09-en.htm

The GNSO Council is delighted to announce the election of Chuck Gomes as Chair, 
Olga Cavalli as interim Vice Chair of the Non Contracted Parties House and 
Stéphane Van Gelder as Vice Chair of the Contracted Parties House. The 
permanent Vice Chair of the Non Contracted Parties House will be communicated 
in the next few weeks.

The Council wishes to thank the outgoing Chair Avri Doria for her years of 
outstanding service and dedication. It is our feeling that the Council, the 
GNSO and the ICANN Community in general have been very fortunate to have Avri 
work so hard and so selflessly as Chair of the GNSO Council.

3. Motion on Selected Trademark Issues from the ICANN Board of Directors 
========================================================================

Motion by: Adrian Kinderis
Seconded by: Tim Ruiz

WHEREAS, the ICANN Board has requested that the GNSO Council evaluate certain 
ICANN staff implementation proposals for the protection of trademarks in new 
gTLDs based in part on the recommendations from the IRT, public comments, and 
additional analysis undertaken by ICANN Staff, as described in the letter dated 
12 October 2009 Letter from Rod Beckstrom & Peter Dengate Thrush to GNSO 
Council.

WHEREAS, the ICANN Board letter requests the GNSO Council's view by December 
14, 2009 on whether certain rights protection mechanisms for second level 
strings recommended by ICANN Staff based on public input are consistent with 
the GNSO Council's proposed policy on the introduction of new gTLDs, and are 
the appropriate and effective options for achieving the GNSO Council's stated 
principles and objectives;

WHEREAS, the GNSO Council has reviewed the ICANN Board letter and desires to 
approve the procedures for conducting such evaluation;

NOW THEREFORE BE IT RESOLVED that the GNSO Council adopts the following process 
to conduct the evaluation requested by the Board:

1. A GNSO Review Team will be comprised of representatives designated as 
follows: the Registrar and Registry Stakeholder Groups with two (2) 
representatives each, the Commercial Stakeholder Groups and the Non-Commercial 
Stakeholder Groups with four (4) representatives each, At-Large with one (1) 
representative, one representative from the Nominating Committee Appointees(1) 
and the Government Advisory Committee (GAC) with one (1) observer. Alternate 
members may participate in case of absence of the designated representatives;

2. Each of the Stakeholder Groups will solicit from their members their initial 
position statements on the questions and issues raised by the ICANN Board 
letter and the ICANN Staff proposed models for the implementation of the 
Trademark Clearinghouse and Uniform Rapid Suspension model, and will deliver 
their initial position statements on November 4, and with final position 
statements to be delivered by November 6, 2009;

3. Such position statements will be summarized by ICANN Staff and distributed 
to the GNSO Review Team to evaluate whether a consensus can be reached on the 
ICANN Staff implementation models or other proposals for the protection of 
trademarks in the New gTLD Program; and

4. The GNSO Review Team will conduct its analysis, identify those areas where 
consensus has already been reached, and seek to develop consensus on those 
issues for which consensus could not be determined. (The assistance of members 
of the IRT in answering questions about the IP Clearinghouse and Uniform Rapid 
Suspension System recommendations may be useful to this work. The GNSO Council 
requests that members of the IRT who worked on those recommendations be 
available to answer any such questions that may arise), and

5. The GNSO Review Team will provide a final report to the GNSO Council on or 
before the GNSO council's meeting in late November, 2009.

Please let me know if you have any questions.
Thank you.
Kind regards,

Glen

Glen de Saint Géry
GNSO Secretariat
gnso.secretariat@xxxxxxxxxxxxxx
http://gnso.icann.org