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GAC Advice

The GAC provides advice to the ICANN Board on policy matters where there may be an interaction between ICANN’s policies and various laws, international agreements and public policy objectives. GAC Advice is communicated to the ICANN Board through either a Communique or a formal piece of Correspondence. This area of the website provides you with full access to both types of GAC Advice as well as the comprehensive historical list of GAC advice provided to the Board and links connecting that advice to its outcome using the ICANN Board Advice Registry tool.

 

GAC Advice

Reference No. :

2014-06-25 RCRC

First Delivered via :

N/A

Consenus:

Consensus met

2014-06-25 RCRC

6. Protection of Red Cross / Red Crescent Names

The GAC refers to its previous advice to the Board to protect permanently the terms and names associated with the Red Cross and Red Crescent, including those relating to the189 national Red Cross and Red Crescent societies, and recalls that the protections afforded to the Red Cross and Red Cross designations and names stem from universally agreed norms of international law and from the national legislation in force in multiple jurisdictions. Accordingly,

a. The GAC now advises, that:

I. the Red Cross and Red Crescent terms and names should not be equated with trademarks or trade names and that their protection could not therefore be adequately treated or addressed under ICANN's curative mechanisms for trademark protection;

II. the protections due to the Red Cross and Red Crescent terms and names should not be subjected to, or conditioned upon, a policy development process;

III. the permanent protection of these terms and names should be confirmed and implemented as a matter of priority, including in particular the names of the international and national Red Cross and Red Crescent organisations.

Responsible Party

Board

Current Status/Communications Log

Letter from ICANN Board to Heather Dryden re NGPC meeting on 8 September 2014

Board Scorecard - 8 September 2014

The NGPC is considering available options to reconcile the differences between the GAC advice and the GNSO policy recommendations concerning protections for the Red Cross and Red Crescent national society names. To note, the GNSO recommends that instead of reserving the RCRC society names as advised by the GAC, the names should be bulk added to the Trademark Clearinghouse for 90-days claims notification.
On 16 June 2014, the NGPC sent a letter to the GNSO Council highlighting the previously noted concerns and providing an opportunity for the 
GNSO to consider modifying its policy recommendations at issue in accordance with Section 16 of the GNSO’s PDP Manual. (Section 16 of the GNSO’s PDP Manual permits modification to approved GNSO Council policies at any time prior to final approval by the Board.) 
At this time, the GNSO is considering the NGPC’s June 16th letter, and awaits a response from the GNSO. 
The NGPC continues to deliberate on this matter and will provide updates to the GAC, the GNSO, and the broader ICANN community about its progress 
to address this matter.

Letter from ICANN Board to Thomas Schneider regarding Bylaws Issue in London Communique (3 November 2014)

Communication

6. Protection of Red Cross / Red Crescent Names

The GAC refers to its previous advice to the Board to protect permanently the terms and names associated with the Red Cross and Red Crescent, including those relating to the189 national Red Cross and Red Crescent societies, and recalls that the protections afforded to the Red Cross and Red Cross designations and names stem from universally agreed norms of international law and from the national legislation in force in multiple jurisdictions. Accordingly,

a. The GAC now advises, that:

I. the Red Cross and Red Crescent terms and names should not be equated with trademarks or trade names and that their protection could not therefore be adequately treated or addressed under ICANN's curative mechanisms for trademark protection;

II. the protections due to the Red Cross and Red Crescent terms and names should not be subjected to, or conditioned upon, a policy development process;

III. the permanent protection of these terms and names should be confirmed and implemented as a matter of priority, including in particular the names of the international and national Red Cross and Red Crescent organisations.

Responsible Party

Board

Current Status/Communications Log

Letter from ICANN Board to Heather Dryden re NGPC meeting on 8 September 2014

Board Scorecard - 8 September 2014

The NGPC is considering available options to reconcile the differences between the GAC advice and the GNSO policy recommendations concerning protections for the Red Cross and Red Crescent national society names. To note, the GNSO recommends that instead of reserving the RCRC society names as advised by the GAC, the names should be bulk added to the Trademark Clearinghouse for 90-days claims notification.
On 16 June 2014, the NGPC sent a letter to the GNSO Council highlighting the previously noted concerns and providing an opportunity for the
GNSO to consider modifying its policy recommendations at issue in accordance with Section 16 of the GNSO’s PDP Manual. (Section 16 of the GNSO’s PDP Manual permits modification to approved GNSO Council policies at any time prior to final approval by the Board.)
At this time, the GNSO is considering the NGPC’s June 16th letter, and awaits a response from the GNSO.
The NGPC continues to deliberate on this matter and will provide updates to the GAC, the GNSO, and the broader ICANN community about its progress
to address this matter.

Letter from ICANN Board to Thomas Schneider regarding Bylaws Issue in London Communique (3 November 2014)

Letter from Thomas Schneider to ICANN Board regarding Bylaws in London Communique (25 November 2014)