[CWG-Stewardship] Notes, Recordings, Transcript DT-IPR Meeting on 9 November

Tue Nov 10 00:58:57 UTC 2015

Dear all, 

The notes, recordings and transcripts for the DT-IPR Meeting on 9 November 2015 will be available
here:   https://community.icann.org/x/MLhYAw 

A copy of the notes and action items may be found below.

Kind regards,

Brenda

Action Items

Action item: inquire with ICANN about whether they have liscensed the trademarks, and if so, under
what provisions. 

Action item: Greg to share document that details the different trademark registrations

Action Item:  Send Doodle for 2 additional calls between Mon, Tues for next two weeks

Notes

DT-IRP meeting of 9 November 2015

The nearest thing to a "charter" we have is this statement, which appears in the document linked as
number 5 below:

With regard to implementation of the ICG proposal, the CWG expects that, in co-ordination with the
other operational communities, the detailed requirements for such an independent entity will be
agreed and specified 
and that the appropriate independent entity will then be created or selected (and adapted if
necessary) such that it can meet the detailed 
requirements and that this work will take place within the currently contemplated timelines.

Notes 9/11 meeting:

*        Primary purpose of DT is to come up with principles and requirements and eventually
recommendations to CWG-Stewardship in relation to IANA IPR (trademark registrations and domain
names).

*        See document circulated by Greg (
<https://docs.google.com/document/d/1iUREZlPBiU-oSYxQXiahEbTcH4P3Ov_EReWzmXNHiwo/edit?usp=sharing>
https://docs.google.com/document/d/1iUREZlPBiU-oSYxQXiahEbTcH4P3Ov_EReWzmXNHiwo/edit?usp=sharing)

*        3 US trademark registrations for the word IANA, for the IANA logo and for IANA with the
full name.  <http://iana.org/> IANA.org domain 
name, .net and .org versions are also owned by ICANN. Task is to spec a new home for these trademark
registrations.

*        Question 1: what should be the requirements of the trust? Need to meet the requirement of
continued operations, 
stability and security of the IANA functions in the event of separation. Needs to work now as well
as at the time of 
possible separation. DT encouraged to provide input on what the requirements should be of the trust
to hold the 
IANA trademarks and domain names? Trust should be neutral - key principle. Needs to be responsive
and responsible 
to the three communities in some fashion (will need to be detailed at a later stage). Capable to act
like a trademark 
owner, including quality control, police & enforce trademark rights, but both done with not a too
strong touch. Needs 
to have experience in holding trademarks, but also issues as they relate to the Internet. Needs to
have necessary 
funding to carry out these responsibilities: requires access to personnel with experience and
outside trademark counsel. 

*        What need to be requirements specifically in relation to separation: Need to have clear
guidelines in relation to licensing, 
procedure in place for the trust to comply with orders from operational communities in case of
separation and required 
transfer of licenses, including enforcement procedure. This could be operationalised through
contract and bylaw 
requirements as well as trust document itself. See also Sidley comments in relation to trust
document requirements.

*        Question 2: Does the DT consider this one of the principles or requirements for the names
community (exercise control/oversight 
over the mark(s))? Should not be the priority or one of the main elements. Main focus should be that
trademark is used 
by the authorised communities in a manner that has been intended. Consider asking ICANN what kind of
quality control 
has been excercised over the years? Quality control needs to be fit for purpose - needs to meet
minimum requirements 
(legal requirements). 

*        Question 3: Yes, all three communities should be included in a solution, just as the ICG
proposal has developed. There 
are some areas of different understandings: for example, the names community considers PTI the IFO,
whereas the 
numbers community considers ICANN the IFO. 

*        What is meant by neutral? 

Action item: inquire with ICANN about whether they have liscensed the trademarks, and if so, under
what provisions. 

Action item: Greg to share document that details the different trademark registrations

Timeline?:  ASAP.   Goal is to have interrum report by 19 Nov.  Then full report (final draft) 2
weeks after that for following 
CWG meeting of 3 Dec.

*        Question 4:  What information remains to be provided to the Design Team?

_ask ICANN did they trademark 

_confirm list of three domain names

_any other legal advice from Sidley?

*        Question 5:  What does the DT propose to be the defining qualities of a neutral/independent
trust that will serve 
in this role?

_may want advice from Trust Lawyers 

_may want to consider how time efficient to set up new entity

*        Question 6:  Does the Design Team confirm that IFO operational control (and transfer) of
domain names is one of 
the principles/requirements for the names community?

_question is about whether the DT agrees with the operational control of the  <http://iana.org/>
iana.org domain name remains with the IFO 

_Need to go back to proposal and confirm what it says

*        Question 7:  Can the Design Team specify the elements that would define a
neutral/independent trust?

_flesh out between now and next call

_clarify what neutral / independent means

AOB:  Next call:  

Action Item:  Send Doodle for 2 additional calls between Mon, Tues for next two weeks

Meeting adjourned.

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