[CRISP-TEAM] IPR request for feedback by 6th Jan (Re: IPR update and request for feedback: 29th Dec)

[Izumi Okutani]

Dear CRISP Team,


Per discussions at the CRISP call which just took place, I welcome your feedback until UTC1500 6th Jan on: 

 - whether the CWG IPR Team's principles and requirements which I have put into category a) and c) are consistent with your observations.
 - If you observe any inconsistencies, or more details than what we have defined in the numbers community/ICG proposals or the CRISP IPR principles under a), please express them

The categories I have identified of the CWG IPR principles and requirements are as below: (No changes from what I shared previously)

a) High level principles consistent with the CRISP IPR principles
b) High level principles which was not discussed in the CRISP but no concerns observed
c) High level principles which would/may not be consistent with the CRISP IPR principles
d) Details which are to be further discussed and to be coordinated
- Details relevant for framework
- Details relevant for implementation
e) Intention to be confirmed by other party


Additional Notes:
I note from the feedback at the call that we are not comfortable with putting b) in the principles, as this was not something which has reached consensus in the numbers community.
We don't have to worry about d) at this stage. If there is a list of requirements of framework to be discussed at the call on 7th, beyond what the CRISP Team have publicly expressed, I will take this back to the CRISP Team for further discussions. We'll also coordinate with the RIRs.


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*a) Principles consistent with the CRISP IPR principles*

I. Principles and Requirements for the Post-Transition Owner of both the IANA Trademarks and Domain Names  
1. The Owner must be “neutral.”
a. Structural neutrality: the Owner may not have any structural tie to any operational community to the exclusion of any other. (That is, if there is a structural tie to any operational community, there must be an equivalent tie to each of the other operational communities. Alternatively, the Owner could have no structural ties to any operational community.); OR
b. Functional neutrality: the Owner must operate such that effective control over its actions with respect to the IANA IPR is not dominated or steered by any of the operational communities to the exclusion of any other. (That is, each community must have approximately the same functional relationship to the Owner.)
c. In either case, neutrality also implies that the IFO cannot be the owner of the IANA trademarks and domain names.

Note: For I.1.a., I observe consistency with the CRISP IPR principles, *if* this is the principle to be applied in case we agree to set up a new Trust. I observe possible inconsistency with the CRISP IPR principles if this is set as the minimum requirement (I also categorised I.1.a. under "c) Principles which would/may not be consistent with the CRISP IPR principles" for this reason, in case of based on the latter assumption)


2. The Owner will take the form of a Trust, either:
a. A newly formed Trust; OR
b. The IETF Trust.

5. The Owner must be responsive, responsible and accountable to the three communities.

7. Owner must be prepared to facilitate separation if requested by any operational community (see Section II below for details).

II. Principles and requirements of the Owner in the event of separation
1. Owner must not create risk to continued operations, stability and security of the IANA functions in the event of separation.
2. Owner must follow the directions of the community or communities initiating separation to the extent those instructions are compatible with the Owner’s responsibilities and obligations.

IV. Proposed Principles and Requirements Relating to iana.org
1. The ongoing stability of iana.org is of paramount importance (because of its direct operational relevance).

V.Proposed Principles and Requirements Relating to IANA trademarks.
3. The Owner must have experience in owning and managing trademarks, but also experience with issues relating to the Internet. Employees or advisors may provide such experience.
a. The Owner must have access to employee(s) with experience and to outside trademark counsel.

*c) Principles which would/may not be consistent with the CRISP IPR principles*

I. Principles and Requirements for the Post-Transition Owner of both the IANA Trademarks and Domain Names  
1. The Owner must be “neutral.”
a. Structural neutrality: the Owner may not have any structural tie to any operational community to the exclusion of any other. (That is, if there is a structural tie to any operational community, there must be an equivalent tie to each of the other operational communities. Alternatively, the Owner could have no structural ties to any operational community.);

Note: I observe possible inconsistency with the CRISP IPR principles *if* 1.a. is set as the minimum requirement (See also "Note" under "a) Principles consistent with the CRISP IPR principles".)
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Thanks,
Izumi