[NRO-IANAXFER] IANA IPR considerations

Richard Hill rhill at hill-a.ch
Tue Dec 23 17:13:33 CET 2014


Yes, and if the intellectual property rights are held by the IETF Trust, that would allow the operational entities to use the marks and the domain name as appropriate for the IANA functions.  By "operational entities" I mean the entities which perform one or more parts of the IANA funciton under delegation from the communities that have policy authority for one or more parts of the IANA function.

Best,
Richard
  ----- Original Message ----- 
  From: Hans Petter Holen 
  To: ianaxfer at nro.net 
  Sent: Tuesday, December 23, 2014 4:33 PM
  Subject: Re: [NRO-IANAXFER] IANA IPR considerations


  I agree that this makes sense.

  For the RIRs it would be relatively easy to "rename" the global numbers registry held by IANA as the number of global policies refering to IANA is limited, while it will be impossible for the IETF to update all refernces in the RFCs.

  So keeping the domainname and other rights connected with IANA with the IETF (trust) is the best option I have seen.

  Hans Petter

  On 23/12/14 15:48, Richard Hill wrote:

    Indeed, it seems to me that it would be logical, and consistent with the history of the use of the IANA name, to transfer both the IANA trademark and the IANA.ORG domain name to the IETF Trust, as outlined below.

    Best,
    Richard
      -----Original Message-----
      From: ianaxfer-bounces at nro.net [mailto:ianaxfer-bounces at nro.net]On Behalf Of Avri Doria
      Sent: mardi, 23. décembre 2014 15:41
      To: ianaxfer at nro.net
      Subject: Re: [NRO-IANAXFER] IANA IPR considerations


      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)

_______________________________________________
ianaxfer mailing list
ianaxfer at nro.net
https://www.nro.net/mailman/listinfo/ianaxfer

_______________________________________________
ianaxfer mailing list
ianaxfer at nro.net
https://www.nro.net/mailman/listinfo/ianaxfer





     

_______________________________________________
ianaxfer mailing list
ianaxfer at nro.net
https://www.nro.net/mailman/listinfo/ianaxfer




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


  _______________________________________________
  ianaxfer mailing list
  ianaxfer at nro.net
  https://www.nro.net/mailman/listinfo/ianaxfer
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <https://www.nro.net/pipermail/ianaxfer/attachments/20141223/6a5df877/attachment-0001.html>


More information about the ianaxfer mailing list