[NRO-IANAXFER] IANA IPR considerations

Avri Doria avri at acm.org
Tue Dec 23 15:40:41 CET 2014


Hi,

One of the suggestion made by the ICANN Non Commercial Stakeholder Group
(NCSG) in its CWG-Stewardship comments is that:

> As a precaution we suggest that discussions be held with the IETF
> Trust, regarding
> the domain name iana.org and suggesting that it hold the name for use
> by the names,
> numbers and protocols directories. Any changes to the use of the
> domain name
> should be agreed to by all operational communities.


avri

On 23-Dec-14 06:13, Richard Hill wrote:
> 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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