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

[Mawaki Chango]

Good evening by GMT time:

Thank you, Sir, for pointing out the art. 4 of ICANN Bylaws. This is
exactly the kind of correspondence I had in mind, and kind of discussion I
would rather see take place, when I wrote the following paragraph in my
previous post in this thread:

<quote>

Now that doesn't necessarily mean that ICANN should automatically abide by
that opinion or those arguments. If the organization determines that there
are solid, internationally defensible legal grounds to go ahead with the
decision, they might still do just that (while responding to the said
government explaining their grounds) until a legitimate obstacle is met, in
accordance to their own rules and procedures which has been sanctioned by
the community at one point or the other in the past.

</quote>

I missed to mention "local law" but I do remember the language of that
article came up a lot in trademark related discussions while we were
developing the policy for new gTLDs in 2006 and 2007 (and, I'm sure,
beyond.) And I would agree that it is relevant here. So it may well be that
USG writes to ICANN to argue a position and still loses the argument in the
end (although in this case, it's only a hypothesis at this point and ICANN
may face other objections, based on different grounds, which might prove to
be even more determinant that the one currently raised by USG.)

Regards,

Mawaki

 =================
Mawaki Chango, PhD
Founder and Owner
DIGILEXIS
http://www.digilexis.com
Skype: digilexis | Twitter: @digilexis & @pro_digilexis



On Mon, May 26, 2014 at 4:16 PM, CW Mail <mail at christopherwilkinson.eu>wrote:

> 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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