Key Policy Work for Intellectual Property Owners at ICANN81

Nelson Mullins Riley & Scarborough LLP
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Nelson Mullins Riley & Scarborough LLP

Virtual and in-person attendees at the upcoming ICANN81 Annual General Meeting in Istanbul, Türkiye can look forward to a busy and engaging event from Nov. 9-14. The meeting will address numerous policy issues that directly impact intellectual property (IP) rights within the domain name system (DNS), including:

New gTLD Subsequent Procedures.

One of the most significant topics for brand owners is the ongoing work on the new gTLD Subsequent Procedures (SubPro). This initiative focuses on the next round of new generic top-level domains (gTLDs), which will introduce new opportunities and challenges for trademark protection. The SubPro sessions at ICANN81 will cover, among other topics:

  • String similarity evaluations: Ensuring that new gTLDs do not infringe on existing trademarks.
  • Operational design: Reviewing the updated implementation plan to address any potential IP concerns.

Domain Name Registration Data Disclosure System.

At ICANN81, the Registration Data Request Service (RDRS) Standing Committee will continue its work evaluating and guiding the future of the RDRS. This committee, which began its work in January 2024, is responsible for reviewing the monthly metrics' reports published by the ICANN organization. These reports provide insights into the usage and effectiveness of the RDRS, a system designed to streamline and standardize requests for nonpublic registration data.

During ICANN81, the Standing Committee will host a dedicated session to discuss the trends and findings identified from these reports, including (i) analyzing how the RDRS is being used by various stakeholders, (ii) evaluating the technical performance the RDRS, and (iii) reviewing feedback from users to identify areas for improvement and potential enhancements. The committee will also begin developing recommendations to the GNSO Council on next steps, which may include adjustments to the system or proposals for new policies to better support the needs of the global internet community.

Privacy and Proxy Services Accreditation Issues (PPSAI) 

The PPSAI Implementation Review Team (IRT) will also be active at ICANN81, focusing on the implementation of policies related to privacy and proxy services. These services are often used to shield the identity of domain registrants, which can complicate IP enforcement. The PPSAI IRT will:

  • Review implementation documentation: Ensuring alignment with the final report recommendations.
  • Advise on technical and operational details: Addressing any issues that arise during implementation that needs to be sent to the GNSO Council for additional policy work.

Accuracy

During ICANN81, the GNSO Council will focus on the gTLD Registration Data Accuracy Scoping Team’s work. This team has been tasked with evaluating the accuracy of gTLD registration data, considering current enforcement, reporting, and measurement of accuracy. Despite challenges, including dependencies on the Data Processing Agreement and the NIS2 directive, the team continues to work on identifying deficiencies and proposing solutions. The GNSO Council will review updates and discuss the next steps to ensure the accuracy of registration data, which is crucial for maintaining the integrity and reliability of the DNS.

By actively participating in these discussions and sessions, IP owners can help shape the policies that will govern the future of the DNS, ensuring that their rights and interests are protected.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Nelson Mullins Riley & Scarborough LLP

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