<p dir="ltr">Hi,</p>
<p dir="ltr">The IETF Trust recently released a high level statement on what would be done in order for her to hold and maintain the IANA TM/domain</p>
<p dir="ltr">It's also somewhat a call for any further suggestion so folks interested can jump into the discussions at the ianaplan.</p>
<p dir="ltr">Cheers!</p>
<p dir="ltr">Sent from my Asus Zenfone2<br>
Kindly excuse brevity and typos.</p>
<div class="gmail_quote">---------- Forwarded message ----------<br>From: "Jari Arkko" <<a href="mailto:jari.arkko@piuha.net">jari.arkko@piuha.net</a>><br>Date: 19 Sep 2015 00:03<br>Subject: [Ianaplan] returning to the topic of IANA trademarks and domains<br>To: "Ianaplan@Ietf. Org" <<a href="mailto:ianaplan@ietf.org">ianaplan@ietf.org</a>><br>Cc: <br><br type="attribution">We have discussed trademarks and domains in the past, and came<br>
to a basic agreement. Meanwhile, the names community has also<br>
indicated that the “IPR in an independent entity” model is acceptable<br>
to them. But the details for any of this are left for implementation phase.<br>
That phase will take place once the overall transition plan goes forward.<br>
<br>
The IETF Trust has worked in the background to understand the<br>
situation better, and obviously, if something needs to be done,<br>
ultimately there has to be agreements and concrete actions need<br>
to be taken. But before we are that far, we have to talk about the<br>
overall approach and find a common ground about the implementation<br>
with all three communities.<br>
<br>
With this in mind, the Trust has written up a high-level<br>
description of what it believes the approach could be.<br>
We thought that this would be useful for both this WG<br>
as well as for communication with others.<br>
<br>
Please see the description below. The Trust would<br>
appreciate any feedback you have. The goal is that<br>
after getting that feedback (and after revision as needed)<br>
we could have a description that can be used in discussing<br>
further implementation steps.<br>
<br>
Jari<br>
<br>
---<br>
<br>
As a part of their transition proposal, the Internet Number<br>
Community stated that it was their preference that the IANA<br>
trademark and <a href="http://iana.org" rel="noreferrer" target="_blank">iana.org</a> domain would be transferred to an entity<br>
independent of the IANA Numbering Services Operator, and from their<br>
perspective the IETF Trust would be an acceptable candidate for this<br>
role.<br>
<br>
On 8 February, the ICG asked the IETF and Internet Number Community<br>
to coordinate their transition proposals with regards to the<br>
trademarks and domains. Discussion in the IETF working group<br>
indicated that the proposals can be compatible.<br>
<br>
At the request of the IANAPLAN WG the IETF Chair on 17 February 2015<br>
asked the IETF Trust whether the Trust would be willing to hold IANA<br>
intellectual property. Citing Article 5.2 of the Trust Agreement<br>
whereby the Trust could hold rights in intellectual property and<br>
domain names relevant to the IETF, the Trustees on 19 February said<br>
they would be willing to hold the IANA intellectual property. See<br>
<a href="http://trustee.ietf.org/documents/Trust-Minutes-2015-06-25-01.pdf" rel="noreferrer" target="_blank">http://trustee.ietf.org/documents/Trust-Minutes-2015-06-25-01.pdf</a><br>
<br>
At the request of the IETF Chair the IETF Trust has engaged in<br>
discussions with the Internet Number Community about the possibility<br>
of the Trust assuming this responsibility. The following is some<br>
background of the Trust’s position and an overview of how the role<br>
and responsibilities may be fulfilled.<br>
<br>
While this fulfillment is a part of implementation rather than the<br>
ICG proposal currently out for public comment, the IETF Trust wants<br>
to ensure progress on determining those implementation steps. The<br>
Trust is of course only one of the possible ways to satisfy the<br>
requirements from the Internet Number Community. Nevertheless, the<br>
Trust wanted to start by suggesting an overall framework for one way<br>
of satisfying the requirements. There will be a time to discuss the<br>
details, but first it would be good to have an understanding if this<br>
overall framework is something that works for the relevant<br>
communities. This is only an early proposal. Feedback and<br>
suggestions are very welcome.<br>
<br>
The Trust believes it would need to enter into three different types<br>
of agreements to effect the transfer of the IANA intellectual<br>
property (IP) and to enter into licensing arrangements with the IANA<br>
service provider(s).<br>
<br>
These agreements include:<br>
<br>
1. An Agreement between ICANN and the IETF Trust transferring the<br>
IANA IP to the IETF Trust<br>
<br>
2. Community Assurance Agreements between the IETF Trust and each<br>
of the names, numbers, and protocol communities (the IANA communities)<br>
regarding the Trust’s commitments to each as further described below, and<br>
<br>
3. Agreement(s) whereby the IETF Trust provides for the use of the<br>
<a href="http://iana.org" rel="noreferrer" target="_blank">iana.org</a> domain, or a subdomain, and licenses the use of the IANA<br>
trademarks to the IANA service provider(s) selected by the IANA<br>
communities.<br>
<br>
The Trustees are open, in principle, to the idea of entering into<br>
these agreements. The Trust understands that each community<br>
would need to follow its own internal processes before entering<br>
into any agreements, or selecting an IANA service provider.<br>
<br>
The Community Assurance Agreements with the IANA communities<br>
would establish and recognize the responsibilities for each community<br>
to identify and enter into agreement with their selected service provider,<br>
and for the IETF Trust to provide, update, and revoke licenses as needed to<br>
support these selections.<br>
<br>
In order to preserve the value and integrity of the IANA trademarks,<br>
the IETF Trust would maintain, license and monitor the use of the<br>
trademarks. Trust actions would include enforcement against<br>
unauthorized users and monitoring the quality and uses by the<br>
licensed user(s). The Trust would work with the relevant IANA<br>
communities to address issues involving a licensee before taking<br>
action to maintain the quality of the trademarks.<br>
<br>
The exact details of the agreements would be subject to negotiation<br>
among the affected parties.<br>
<br>_______________________________________________<br>
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