[governance] .WINE .VIN - who's business is it ?

[CW Mail]

Good afternoon:

> https://www.icann.org/en/system/files/correspondence/strickling-to-crocker-21may14-en.pdf

Protection of Geographical Indications by ICANN does not depend on " … GI related obligations in any international legal instrument … " (c.f. Strickling, para 2)
 
Rather, it depends on the Articles of Incorporation of ICANN, Article 4:
 
4. The Corporation shall operate for the benefit of the Internet community as a whole, carrying out its activities in conformity with relevant principles of international law and applicable international conventions and local law and, to the extent appropriate and consistent with these Articles and its Bylaws, through open and transparent processes that enable competition and open entry in Internet-related markets. To this effect, the Corporation shall cooperate as appropriate with relevant international organisations.

That clause was introduced into the ICANN Articles of Incorporation in the 1998-99 negotiations between the White House, Jones Day and the European Commission, precisely to deal with this kind of situation.

Accordingly, whilst it is normal for public authorities, such as NTIA or, for that matter, the European Commission, to write letters to ICANN, on this occasion, and on that point, NTIA has got it wrong.

Regards

Christopher Wilkinson.



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