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

[Craig Ng]

On intellectual property rights, I think that it is an important point to
consider. However, this should be considered within the broader context of
"transition out" obligations. I think the focus should be on the overall
maintenance of the security and stability of operations, rather than just
on intellectual property rights. To simply focus on IPR may miss the
bigger picture.

It may not be necessary, legally speaking, to insist on the transfer of
all intellectual property rights. What is necessary is access to (ie. the
right to use - for example, in a perpetual licence to use) all the
intellectual property rights which are necessary to carry out the IANA
functions, in the event that it becomes necessary to transition such
services to a new operator in the future.

In the NTIA-ICANN IANA Functions Contract, there are already provisions
that deas with transitioning to "Successor Contractor". I think the
RIR-ICANN SLA can simply replicate these provisions. If necessary, the
words "including intellectual property rights" can be added. See for
reference:


--8<-- (from NTIA-ICANN IANA Functions Contract)

	
		
		
	
	
		
			
				
					C.7.3 Transition to Successor Contractor – In the event the
Government selects a successor
contractor, the Contractor shall have a plan in place for transitioning
each of the IANA functions
to ensure an orderly transition while maintaining continuity and security
of operations. The
plan shall be submitted to the COR eighteen (18) months after date of
contract award,
reviewed annually, and updated as appropriate.

...

	
		
		
	
	
		
			
				
					I.61 52.237-3 CONTINUITY OF SERVICES ...

					(a) The Contractor recognizes that the services under this contract
are vital to the Government
and must be continued without interruption and that, upon contract
expiration, a successor,
either the Government or another contractor, may continue them. The
Contractor agrees to --

					(1) Furnish phase-in training; and

					(2) Exercise its best efforts and cooperation to effect an orderly
and efficient transition
to a successor.
				
			
		
	


				
			
		
	
--8<--


Craig

_______________________________________________________
Craig Ng
General Counsel, APNIC
e: craig at apnic.net
p: +61 7 3858 3152
m: +61 416 052 022
www.apnic.net
_______________________________________________________

Join the conversation:   https://blog.apnic.net/
_______________________________________________________




On 26/12/2014 1:57 am, "Izumi Okutani" <izumi at nic.ad.jp> wrote:

>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
>>
>
>
>
>
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>https://www.nro.net/mailman/listinfo/crisp
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