[NRO-IANAXFER] IPR considerations in the RIRs submission to the ICG

Andrei Robachevsky andrei.robachevsky at gmail.com
Fri Jan 2 17:27:26 CET 2015


Dear colleagues,

The discussion on the IANAXFER mailinlist helped the CRISP team to
identify the following IPR issues related to "IANA" trademark, the
"IANA.ORG" domain name, and any databases related to the performance of
the IANA function.

Please find below a brief description of these issues along with a
general position the CRISP team are considering for the inclusion in the
response.

Please provide your feedback to help us to identify level of support for
these positions.

Regards,

Andrei


*Issue: Intellectual Property Rights/Content of the Registries*
---------------------------------------------------

In accordance with the current NTIA contract (section H.4 Rights in
Data-Special works,
http://www.ntia.doc.gov/files/ntia/publications/sf_26_pg_1-2-final_award_and_sacs.pdf)
the US Government has unlimited rights in all data delivered under this
contract and in all data first produced in the performance of this contract.

It is important that through the stewardship transition the IPR status
of the registries is clear and ensures free unlimited access to the
public registry data.

We propose to state that it is the expectation of the RIR communities
that the public number resource registries are in the public domain. It
is the preference of the RIR communities that all relevant parties
acknowledge that fact as part of the transition.


*Issue: Intellectual Property Rights/IANA trademark and IANA.ORG domain*
---------------------------------------------------------------

Currently ICANN owns the IANA trademark with the US PTO and holds the
IANA.ORG domain.

A preference is that both are associated with the IANA function and not
with a particular IANA functions operator. Having a permanent place,
which would hold these assets, not associated with an IANA operator,
will facilitate a smooth transition should another operator (or
operators) be selected some time in the future.

Moreover, since all operational communities are making own arrangements
regarding the IANA functions operator it is conceivable that in the
future multiple IANA operators will exist.

We propose to state that it is the expectation of the RIR communities
that the IANA trademark and the IANA.ORG domain name will be transferred
to an entity independent from the IANA functions operator that will
ensure these assets will be used purposefully in non discriminative
manner for the benefit of all operational communities.

There were several suggestions on the IANAXFER mailinglist that one of
the possible entities could be the IETF Trust
(http://trustee.ietf.org/index.html).


*Issue: Intellectual Property Rights/IN-ADDR.ARPA and IP6.ARPA domains*
---------------------------------------------------------------

Contrary to the issue related to IANA.ORG domain, the holdership of the
above domains is with the IAB, aligned with the policy for these
registries specified in RFC3172 "Management Guidelines & Operational
Requirements for the Address and Routing Parameter Area Domain
("arpa")". Specifically, these zones are delegated to IANA by the
Internet Architecture Board (“IAB”) and “[s]ub-delegations within this
hierarchy are undertaken in accordance with the IANA’s address
allocation practices” (RFC3172).

Given the status of these domains and sub-domains below and also taking
into account that this service is outside the scope of the NTIA
contract, we did not identify any IPR issues that need to be covered in
the response.



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