ICANN has created an Implementation Recommendation Team to suggest proposals on Rights Protection Mechanisms in the new gTLD process. What have they proposed?

ICANN Team Recommends Enhanced Rights Protection

ICANN, the Internet Corporation for Assigned Names & Numbers, has embarked upon a process that could see up to 500 New gTLD (generic Top Level Domain) registries created from early 2010 onwards. However, following the concerns expressed by literally hundreds of organisations about the impact of the process on the rights of others, the ICANN Board created an Implementation Recommendation Team (IRT) to consider whether standardised Rights Protection Mechanisms (RPM) could reduce the financial and administrative burden on rights owners.

On 24 April 2009, the IRT, which is composed of 15 experts in on-line rights protection including Com Laude Managing Director Nick Wood, published its first report for comments.A final report which takes account of these comments will be sent to the ICANN Board on 30 May 2009.

The measures proposed by the IRT include:

An IP Clearinghouse or centralised database of verified IPR so that rights owners do not need to have data validated time and time again at new registries.

A Uniform Rapid Suspension System (URS) to work upstream of the UDRP for cases where infringement cannot be denied. This could see a domain name frozen by a complainant within as short time frame for a very modest fee.

The creation of a Globally Protected Marks List to block registration of such terms.

An “IP Claims” type service to inform an applicant for a term that matches a record in the IP Clearinghouse that there is the danger of them infringing a mark if they go ahead with a registration.

Variations on a proposal made by WIPO to make registry operators liable for contributory infringement.

A “Thick” new gTLD Whois containing up to date information at one centralised point

An effective way of using the algorithm developed by ICANN to assess “string contention” at the top level, including the consideration of the aural and commercial impression (meaning) created by a string,

For further details, see http://www.icann.com/en/announcements/announcement-24apr09-en.htm

Should you wish to comment in an individual capacity on the work of the IRT, perhaps suggesting improvements or raising other areas where you would like to see more protection (for example, placing restrictions on the Whois privacy services so loved by infringers) all you need to do is to follow the link above and send ICANN an email. For ICANN to adopt the measures proposed by the IRT, it needs to see support from brand owners and trade mark specialists.