[CRISP-TEAM] Possible inconsinstency pointed out on IRP for Section III A2 and IIIA3

Izumi Okutani izumi at nic.ad.jp
Tue Jan 13 16:52:17 CET 2015


CRISP Team,


These is a highlighting the texts related to IRP where confirmation
about possible inconsistency expressed on the IANAXFER list.

Do any of you think we need to improve any part of the text to make it
sound less inconsistent?


----
Sean Kennedy:

In III.A.2. "IPR related to the provision of the IAN services" IANA
trademark, IANA.ORG are proposed to be transferred to the IETF Trust to
"stay with the community," but in III.A.3. ix the rights to any
intellectual property should be transferred to the "public domain" or
RIRs."  Although the latter IP may not be related to the provision, I
think cosmetically there could be better consistency between the two
sections.
----

Relevant Sections:

IIIA2

Mentions the IETF Trust as an accetable candidate as a holder of IANA
trademark and the iana.org domain and should not be associated with the
IANA operator.
---
With regards to the IANA trademark and the iana.org domain it is the
expectation of the RIR communities that both are associated with the
IANA function and not with a particular IANA functions operator.
Identifying an organisation, not associated with an IANA operator, that
holds these assets permanently will facilitate a smooth transition
should another operator (or operators) be selected at some point in the
future. It is the preference of the RIR communities that the IANA
trademark and the IANA.ORG domain name be transferred to an entity
independent of the IANA functions operator that will ensure these assets
are used purposefully in a non-discriminatory manner for the benefit of
all operational communities. From the RIR communities' perspective, the
IETF Trust would be an acceptable candidate for this role.
---

Describes about transfer of the public domain or to the RIRs.
It mentions the possibility of "If the IANA operator becomes the owner
of intellectual property rights "
---
ix. Intellectual Property Rights and Rights Over Data
Principle:
Both parties acknowledge that the data of the public number resource
registries remain in the public domain. The RIRs will have unlimited
rights in all other data delivered under this agreement and in all other
data first produced in the performance of this agreement.

If the IANA operator becomes the owner of intellectual property rights
through the performance of this agreement, these rights will be
transferred to the public domain or to the RIRs. In case the legislation
does not allow such transfer, the IANA operator must grant appropriate
licenses for ongoing use of the relevant intellectual property.
---




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