[NRO-IANAXFER] IANA IPR considerations

Richard Hill rhill at hill-a.ch
Tue Dec 23 12:13:56 CET 2014


Please see below.

Thanks and best,
Richard

> -----Original Message-----
> From: ianaxfer-bounces at nro.net [mailto:ianaxfer-bounces at nro.net]On
> Behalf Of Alan Barrett
> Sent: mardi, 23. decembre 2014 11:44
> To: ianaxfer at nro.net
> Subject: Re: [NRO-IANAXFER] IANA IPR considerations
>
>
> On Tue, 23 Dec 2014, Richard Hill wrote:
> >I support this approach and suggested way forward.
> >
> >(But I don't think that it can be said the ICANN should have no claim
> >on the associated IPR - they own the IANA mark. Rather, I think it can
> >be said that ICANN will allow appropriate use of the associated IPR.)
>
> The IANA mark was in use long before ICANN existed.

Yes, but it was not registered.  ICANN registered the mark.

>In my opinion,
> ICANN has no rights to the mark other than by virtue of their role as
> operator of the IANA services,

No, ICANN owns the registered mark.

> and if ICANN were to cease being the
> operator of the IANA services, then they should cease to have any rights
> to use of the IANA mark.  In my personal opinion, this principle should
> be codified.

What happens if only part of the IANA functions cease to be provided by
ICANN?  Surely ICANN should be allowed to continue to use the IANA mark for
those functions that it does provide?

There are various ways of dealing with the situation. For example, the new
contract for the IANA function can specify that ICANN will allow a successor
to use its mark.  Or that ICANN will agree to transfer the mark if there is
a transfer of the IANA function.

Alternatively, the mark could be transferred as part of the current process,
for example to a new entity, if some new entity is created.  Or to a
consortium of existing entities, which might include the RIRs.

As you (Alan) correctly said at the beginning, the codification of the
principle can be worked out by the legal team.

>
> --apb (Alan Barrett)
>
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