[CRISP-TEAM] IP related to general data base rights Fwd: RE: [NRO-IANAXFER] Internet Number Community IANA Stewardship Proposal:First Draft

[Izumi Okutani]

CRISP Team,


Richard Hill is raising Intellectual property right from two aspects. 
Active discussions are taking place on the latter but not on the former, 
related to database rights.


(snip)> Can you guide us why we need to add the Intellectual Property Rights
 > amendment?

In my opinion, yhere are two types of intellectual property rights that
might be an issue.  The first is sui generis data base rights that ICANN
might have regarding the top-level allocations that it publishes.  The
second is the use of the IANA trademark and the IANA.ORG domain name.
(snip)


We are likely to need long discussions if we go into details of who 
carries the rights of information/physical equipment which includes data.

My initial impression, while not being an expert in this area, is that 
the right of contents of data should go to the IANA operator at that 
time. If the operator changes, the right is to be transfered to the new 
operators. I'm saying this based on the concept of esclow agent but I 
may be out of focus and would appreciate expert advice.

Any suggestion on how we approach and address this issue?


-------- Original Message --------
Subject: RE: [NRO-IANAXFER] Internet Number Community IANA Stewardship 
Proposal:First Draft
Date: Sat, 20 Dec 2014 13:07:12 +0100
From: Richard Hill <rhill at hill-a.ch>
Reply-To: <rhill at hill-a.ch>
To: Mwendwa Kivuva <Kivuva at transworldafrica.com>
CC: Izumi Okutani <izumi at nic.ad.jp>, <ianaxfer at nro.net>

Please see below.

Thanks and best,
Richard

> -----Original Message-----
> From: lordmwesh at gmail.com [mailto:lordmwesh at gmail.com]On Behalf Of
> Mwendwa Kivuva
> Sent: vendredi, 19. d�cembre 2014 10:17
> To: rhill at hill-a.ch
> Cc: Izumi Okutani; ianaxfer at nro.net
> Subject: Re: [NRO-IANAXFER] Internet Number Community IANA Stewardship
> Proposal:First Draft
>
>
> On 19 December 2014 at 11:32, Richard Hill <rhill at hill-a.ch> wrote:
> > In the sentence "The agreement would include specific requirements for
> > performance and reporting commensurate with current mechanisms, ...", I
> > would propose to add intellectual property rights, so that it would read
> > "The agreement would include specific requirements for performance and
> > reporting, and intellectual property rights, commensurate with current
> > mechanisms, ..."
>
>
> Hi Richard,
>
> Can you guide us why we need to add the Intellectual Property Rights
> amendment?

In my opinion, yhere are two types of intellectual property rights that
might be an issue.  The first is sui generis data base rights that ICANN
might have regarding the top-level allocations that it publishes.  The
second is the use of the IANA trademark and the IANA.ORG domain name.

It seems to me that the new contract should cover those issues.

>To my understanding, IP rights may be between IETF and the
> IANA function operator.

Yes, there may also be intellectual property rights of interest to the IETF,
but that does not mean that there are not rights that may be of interest to
the RIRs.

>
> Regards
> ______________________
> Mwendwa Kivuva, Nairobi, Kenya
>
> "There are some men who lift the age they inhabit, till all men walk
> on higher ground in that lifetime." - Maxwell Anderson
>