[Iana-ipr] IANA IPR Agreements

Ray Pelletier rpelletier at isoc.org
Wed Sep 21 19:24:45 CEST 2016


Jorge,

We are looking at this language:

 This Agreement will become effective on the date (“Effective Date”) that the IANA functions contract between NTIA and ICANN ends or is terminated, provided that date occurs before February 1, 2017.  If such ending or termination has not occurred by February 1, 2017, this Agreement shall automatically terminate without further action of the Parties.  Except as provided in the preceding sentence, no Party shall have the right to revoke or terminate this Agreement prior to the Effective Date.

Ray
> On Sep 20, 2016, at 12:22 AM, Jorge Contreras <contreraslegal at att.net> wrote:
> 
> All,  
> 
> As promised, I have attached revised versions of the Assignment Agreement, Community Agreement and the three License Agreements, redlined to show changes made since the last drafts.
> 
> Mostly I have inserted names and addresses and the definition of IANA Names Services provided on today’s call.
> 
> With respect to effectiveness,  we consulted the IETF-ICANN SLA, which contains the following language:
> 
> "This agreement is effective as of 1 October 2016 unless the IANA agreement between NTIA and ICANN has not ended or terminated, and then it will become effective at that time, so long as such event occurs within three months of that date.”
> 
> This provides for a deferred effectiveness, with a 3-month sunset period.
> 
> To adapt this for the IANA IPR Agreements, I have proposed the following:
> 
> 1.  Preamble:  delete the definition “Effective Date”
> 
> 2.  Definitions Section:  Change Definition of Effective Date to reference Section x (new paragraph in the Miscellaneous section) rather than the Preamble.
> 
> 3.  Add new Section x “Effectiveness.  This Agreement will become effective on the date (“Effective Date”) that the IANA functions contract between NTIA and ICANN ends or is terminated, provided that date occurs before January 1, 2017.  If such ending or termination has not occurred by January 1, 2017, this Agreement shall automatically terminate without further action of the Parties.  Except as provided in the preceding sentence, no Party shall have the right to revoke or terminate this Agreement prior to the Effective Date.
> 
> Please let me know if you have any questions or corrections in any of these agreements.  Once the wording is agreed, I can generate clean, executable documents.
> 
> Best regards,
> Jorge
> 
> Jorge L. Contreras
> Contreras Legal Strategy LLC
> 1711 Massachusetts Ave. NW, No. 710
> Washington, DC 20036
> contreraslegal at att.net <mailto:contreraslegal at att.net>
> 
> The contents of this message may be attorney-client privileged and confidential.  If you are not the intended recipient, please delete this message immediately.
> 
> <License_Agreement 09-19-2016 Protocol.docx><License_Agreement 09-19-2016 Numbers.docx><License_Agreement 09-19-2016 Names.docx><Assignment_Agreement 09-19-2016.docx><Community-Agreement - 09-19-2016.docx>_______________________________________________
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