[NRO-IANAXFER] Internet Number Community IANA Stewardship Proposal:First Draft

Seun Ojedeji seun.ojedeji at gmail.com
Sat Dec 20 15:22:16 CET 2014


On Sat, Dec 20, 2014 at 1:07 PM, Richard Hill <rhill at hill-a.ch> wrote:

> >
> > 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.


I don't know what "sui generis" is so muting on that, my response will be
that i think the rights in this context will be as defined in global
policies/agreement. Perhaps you care to give a scenario on how intellectual
property rights can come to the rescue when/if for instance ICANN
intentionally decides not to allocate IP resource from the IANA pool
(database). I am not a lawyer so there may be something i am
missing....because i can't seem to connect the dot


> The
> second is the use of the IANA trademark and the IANA.ORG domain name.
>

I think using a scenario may help me here; perhaps a wild one could be that
IANA operator (ICANN) decide that iana.org is her property. If that
happens, i would expect that the RIR community will only have to worry
about setting up a new url and space (and then also determine if existing
processes needs to be reviewed to ensure information is properly published).

Generally i don't think adding that phrase in the agreement strengthens or
protect anything, as infact it may bring different meaning to how the IP
resource is viewed...plus we may need to have to define what international
property rights mean.

The other complication is that IANA trademark is not used by RIRs alone
neither is iana.org so i don't know how the RIRs will claim trademark
autonomy/authority. The RIRs IMO (in this context) would/should be
concerned about ability to effectively manage IP resource globally and that
alone

Thanks

Regards

-- 
------------------------------------------------------------------------





*Seun Ojedeji,Federal University Oye-Ekitiweb:      http://www.fuoye.edu.ng
<http://www.fuoye.edu.ng> Mobile: +2348035233535**alt email:
<http://goog_1872880453>seun.ojedeji at fuoye.edu.ng
<seun.ojedeji at fuoye.edu.ng>*

The key to understanding is humility - my view !
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