[CWG-Stewardship] Fwd: [DT-IPR] Answers to DT-IPR's IANA IPR Questions

[Greg Shatan]

All,

The following email was received in response to questions asked by DT-IPR.
I'm passing it on in connection with our upcoming discussions.

Greg
---------- Forwarded message ----------
From: Trang Nguyen <trang.nguyen at icann.org>
Date: Mon, Jan 11, 2016 at 3:51 PM
Subject: [DT-IPR] Answers to DT-IPR's IANA IPR Questions
To: "dt-ipr at icann.org" <dt-ipr at icann.org>


Dear Greg and DT-IPR members:

During one of the previous DT-IPR calls, five questions relating to IANA
IPR were raised for ICANN staff. Please find below answers to these
questions. If there is any additional information that we can provide to
inform the discussion, please do not hesitate to let us know.

1. What is the cost to set up a trust (to house the IANA IPR) with the 3
operational communities as beneficiaries?

The total costs to set up a trust and apply for 501c3 status is expected to
be around $30-$50K.  The most time-consuming part of the trust formation is
expected to be the development of the terms of the trust, which is
necessary whether the community decides to go with an existing or a new
trust. The key terms being:

   - Identifying the trustee and trust directors, and the method of their
   selection;
   - Identifying the beneficiaries of the trust;
   - Listing the property to be held by the trust;
   - Describing purposes of the trust which will inform its administration
   and interpretation;
   - Listing the general and specific duties of the trustee and trust
   directors;
   - Establishing the governing law and venue for disputes;
   - Setting forth dispute resolution mechanisms;
   - Providing mechanisms for amendment of the trust instrument; and
   - Providing enforcement mechanisms of the trust.


The operational communities will need to reach agreement upon the above
terms for the trust instrument. Many of these items could be handled
simply, such as processes for selection of trustees could borrow from the
ICANN Board selection processes already in existence across ICANN, and the
scope of the trust property (the IPR) has already been determined. The
operational communities that will serve as the beneficiaries of the trust
would need to be in agreement across all the terms. Notably, even if an
existing trust were used to house the IANA IPR, specific terms for the
treatment of new trust property (the IANA IPR) would still have to be
developed to confirm that the beneficiaries are appropriately identified
and agreeable to the terms of how the IPR will be held and maintained.
Therefore, the most time consuming part of the process – the development of
the terms of the trust to assure neutrality – would be present if the IPR
went into an existing or a new trust.


2. How much time and effort would it take to set up such a Trust?

See above


3. What are all of the IANA related trademarks that ICANN currently owns?

“Internet Assigned Numbers Authority”, “IANA”, the IANA logo, and by
extension the IANA domain names


4. Has ICANN licensed any of these trademarks?

See below.


5. If yes, what quality control and enforcement has ICANN performed as
owner of these trademarks?

ICANN has licensed the use of many of its trademarks as appropriate,
through the use of royalty-free licenses.  ICANN has imposed style and
usage guidelines to ensure the consistency of use of the marks internally
and when licensed to other entities.  ICANN has experienced IP counsel that
assists ICANN in its efforts to maintain and enforce all of the marks.

Warm regards,

Trang

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