I fundamentally and strongly agree with Nigel on this....I cannot agree with Peter's rather troublesome scenario.
RD
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@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@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@neustar.biz / www.neustar.biz
On 8/18/15, 3:11 AM, "Dr Eberhard Lisse" <el@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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