[CCWG-ACCT] [ccnso-members] Re: [ccTLDcommunity] ICANN Statement Regarding IANA Intellectual Property Rights

Tue Aug 18 19:06:06 UTC 2015

And THAT is the difference between mechanismes that a civilian lawyer 
would propose compared with common layers (like me).

The point is if this is done by contractual obligation, well, no one HAS 
to comply with a contractual obligation.  You can refuse. (Someone did 
it do me just today). THEN you have to sue. It can drag on. All the 
while the true IANA is kept out of their name.

But if the property ownership is located with a trusted third party, and 
the licence comes to an end (say by a change of IANA function manager), 
then no enforcement is needed -- the property results to its beneficial 
owner automatically who can relicence it.

Similar aims, different processes.

I know which I prefer.

On 18/08/15 19:57, Peter Vergote wrote:
> Nigel and all,
>
> I think that ICANN could continue to be the owner of the mentioned domain names upon condition that there is a clear and unambiguous contractual commitment that the ownership of those domain names will be transferred to the new IANA Functions Operator in the event that this would no longer be ICANN.
>
> In practice you achieve pretty much the same as with your suggestion with a trusted third party but I think the above is probably easier to implement.
>
> The same should apply for all trademarks relating to IANA and currently in ownership by ICANN.
>
> For the record, when we are talking about IP rights, we are in fact referring to the trademarks and alikes. Domain name registrations are not IP rights it’s more or less a form of possession but in legal nature not an IP right. Domain names can be claimed back through UDRP on the basis of a matching IP right e.g. a trademark.
>
> Best,
>
> Peter
>
> Peter Vergote
> Legal & Corp. Affairs Manager
> +32 16 29 89 28
> +32 474 790096
> www.dnsbelgium.be <http://www.dnsbelgium.be/>
>
>
>
>
>
>
>
>
>
> On 18/08/15 19:41, "Nigel Roberts" <nigel at channelisles.net> wrote:
>
>>
>> Steve
>>
>> You are right and for that reason ICANN must not have the IP rights to
>> the IANA.ORG domain name, or indeed unfettered control (as this
>> discussion implies.
>>
>> Insteadm it must have a licence allowing it to be used day-to-day *BY*
>> ICANN, as long as it is the IANA contractor. It must have de-facto
>> day-to-day operational control. But that's it.
>>
>> Therefore the Registrant of IANA.ORG needs to become a trusted third
>> party that holds the registration ON TRUST (in the legal sense) for the
>> beneficial owner (call that RightsCo if you like), who provides an
>> unlimited-use license to ICANN (or any other company that might get the
>> IANA contract in the future) under the terms of its carrying out the
>> IANA function.
>>
>>
>>
>> On 18/08/15 17:20, Steve Crocker wrote:
>>> Becky,
>>>
>>> Not quite right.  I believe there are three trademarks, but far more important than the trademarks is the control of the iana.org domain name.  Despite the thousands of words of email devoted to the trademarks, in the case of IANA they’re of only modest, at best, practical importance.  The domain name, however, is a key piece of the operation.
>>>
>>> Steve
>>>
>>>
>>>
>>> On Aug 18, 2015, at 12:15 PM, Burr, Becky <Becky.Burr at neustar.biz> wrote:
>>>
>>>> I think that the IP rights in question are limited to the IANA trademark,
>>>> which the USG transferred to ICANN in 1999 or so.
>>>>
>>>> J. Beckwith Burr
>>>> Neustar, Inc. / Deputy General Counsel and Chief Privacy Officer
>>>> 1775 Pennsylvania Avenue NW, Washington, DC 20006
>>>> Office: + 1.202.533.2932  Mobile:  +1.202.352.6367  /
>>>> becky.burr at neustar.biz / www.neustar.biz
>>>>
>>>>
>>>>
>>>>
>>>>
>>>>
>>>> On 8/18/15, 3:11 AM, "Dr Eberhard Lisse" <el at lisse.NA> wrote:
>>>>
>>>>> Gabi,
>>>>>
>>>>> thank you for posting this.
>>>>>
>>>>> All,
>>>>>
>>>>> I want to place on record, that this needs SIGNIFICANT thought, and
>>>>> considerably more detail than what is provided here.
>>>>>
>>>>> In particular what actual Intellectual Property Rights do they mean,
>>>>> EXACTLY? And I would like to see them in a numbered list :-)-O
>>>>>
>>>>> Most certainly will the root zone (database) on which the NSF is
>>>>> performed, and the contacts database (DEF) NOT fall under this.
>>>>>
>>>>>
>>>>> Without having thought this through to the end, however, I think this is
>>>>> a WS1 item for the CCWG Accountability, and needs to be dsicussed on
>>>>> tonight's call.
>>>>>
>>>>>
>>>>> Fortunately, we have time, the transition has been postponed to
>>>>> 2016-09-30 last Friday
>>>>> https://urldefense.proofpoint.com/v2/url?u=http-3A__www.ntia.doc.gov_blog_
>>>>> 2015_update-2Diana-2Dtransition&d=AwICAg&c=MOptNlVtIETeDALC_lULrw&r=62cJFO
>>>>> ifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=xEvMoIyL67gEqHJRspVNVH_5RfpEaBO3-n
>>>>> jFirHo3sc&s=anSaVt_Y73vPTokKGDZODQOgEpcSMCQYfov_F17TFqo&e=
>>>>>
>>>>> greetings, el
>>>>>
>>>>>
>>>>> On 2015-08-18 09:16, Gabriella Schittek wrote:
>>>>>> Dear all,
>>>>>>
>>>>>> ICANN has released a statement regarding the IANA Intellectual Property
>>>>>> Rights:
>>>>>>
>>>>>> ===
>>>>>> ICANN Statement Regarding IANA Intellectual Property Rights (IPR)15
>>>>>> August 2015
>>>>>> ICANN supports the IANA Stewardship Transition Group (ICG) proposal and
>>>>>> the underlying proposals from the Community Working Group (CWG), the
>>>>>> Consolidated RIR IANA Stewardship Proposal (CRISP) team and the Planning
>>>>>> for the IANA/NTIA Transition (IANAPLAN) working group.
>>>>>> The ICANN Board is focused on how to implement the Intellectual Property
>>>>>> Rights (IPR) component of the proposal. The Board believes that for
>>>>>> stability and pragmatic operational reasons, the IANA Functions Operator
>>>>>> must have operational control over the IANA.ORG
>>>>>> <https://urldefense.proofpoint.com/v2/url?u=http-3A__iana.org_&d=AwICAg&c
>>>>>> =MOptNlVtIETeDALC_lULrw&r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=x
>>>>>> EvMoIyL67gEqHJRspVNVH_5RfpEaBO3-njFirHo3sc&s=4i-xg4Yjhd2u-vOhYZeKXLv1fPbl
>>>>>> EqzcJUU3MkUOa58&e= > domain.
>>>>>> During the transition, ICANN is prepared to transfer full ownership of
>>>>>> the IANA-related trademarks to a neutral third party mutually agreed
>>>>>> among the operational communities with the understanding that ICANN, as
>>>>>> the current IANA Functions Operator, will be granted license to those
>>>>>> trademarks and ICANN will maintain operational control of the IANA.ORG
>>>>>>
>>>>>> <https://urldefense.proofpoint.com/v2/url?u=http-3A__iana.org_&d=AwICAg&c
>>>>>> =MOptNlVtIETeDALC_lULrw&r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=x
>>>>>> EvMoIyL67gEqHJRspVNVH_5RfpEaBO3-njFirHo3sc&s=4i-xg4Yjhd2u-vOhYZeKXLv1fPbl
>>>>>> EqzcJUU3MkUOa58&e= > domain for as long as ICANN remains the IANA
>>>>>> Functions Operator.
>>>>>> If the transfer during the transition affects the timeline, we advise
>>>>>> delay until after the transition. In that event ICANN is ready to hold
>>>>>> the IPR as interim measure but commits to transfer it within 120 days
>>>>>> after the neutral third party is identified by the operational
>>>>>> communities.
>>>>>> We believe this is neutral and in the public interest. We look forward
>>>>>> to hearing from anyone in the community.
>>>>>>
>>>>>> ===
>>>>>>
>>>>>> See
>>>>>> https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_news_a
>>>>>> nnouncement-2D2015-2D08-2D15-2Den&d=AwICAg&c=MOptNlVtIETeDALC_lULrw&r=62c
>>>>>> JFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=xEvMoIyL67gEqHJRspVNVH_5RfpEaB
>>>>>> O3-njFirHo3sc&s=kkb9yxPPFQICrdDt6_by0xp5V6I-9OPO6Ap5eKlTttQ&e=
>>>>>>
>>>>>>
>>>>>> Kind regards,
>>>>>>
>>>>>> Gabi
>>>>>>
>>>>>>
>>>>>>
>>>>>> _______________________________________________
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>>>>>>
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>>>>>> agers.org_mailman_listinfo_cctldcommunity&d=AwICAg&c=MOptNlVtIETeDALC_lUL
>>>>>> rw&r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=xEvMoIyL67gEqHJRspVNVH
>>>>>> _5RfpEaBO3-njFirHo3sc&s=hj0Oa8KWrcB67Gt8uRpbH-r3gLgTrpp6HraDXEfJoYU&e=
>>>>>>
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>>>>>>
>>>>>
>>>>> --
>>>>> Dr. Eberhard W. Lisse  \        / Obstetrician & Gynaecologist (Saar)
>>>>> el at lisse.NA            / *     |   Telephone: +264 81 124 6733 (cell)
>>>>> PO Box 8421             \     /
>>>>> Bachbrecht, Namibia     ;____/
>>>>> _______________________________________________
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>>>>> &r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=xEvMoIyL67gEqHJRspVNVH_5R
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>>>>
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