Attendees:
Sub-Group Members: Alain Durand, Greg Shatan, Konstantinos Komaitis, Maarten Simon, Nicholas Barbantonis, Plamena Popova (6)
Apologies: Andrew Sullivan, Suzanne Woolf
Staff: Grace Abuhamad, Marika Konings, Trang Nguyen, Yuko Green, Brenda Brewer
Please let Brenda know if your name has been left off the list (attendees or apologies).**
Transcript
Recording
- The Adobe Connect recording is available here: https://icann.adobeconnect.com/p6tpchv4r7a/
- The audio recording is available here: http://audio.icann.org/stewardship-transition/iana-ipr-09nov15-en.mp3
Notes
DT-IRP meeting of 9 November 2015IPR 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)
- 3 US trademark registrations for the word IANA, for the IANA logo and for IANA with the full name. 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
_confirrm list of three domain names
_any other legal advise 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 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 mean
AOB: Next call:
Action Item: Send Doodle for 2 additional calls between Mon, Tues for next two weeks
Meeting adjourned.
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
Documents
- Chronology of CWG.pdf
- Google LInk: https://docs.google.com/document/d/1iUREZlPBiU-oSYxQXiahEbTcH4P3Ov_EReWzmXNHiwo/edit?usp=sharing
Chat Transcript
Brenda Brewer: (11/9/2015 14:36) Welcome to DT-IPR Meeting #1 on 9 November @ 21:00 UTC.
Grace Abuhamad: (14:59) Excellent!
Grace Abuhamad: (14:59) (need to catch up on email)
Konstantinos Komaitis: (15:01) hello all
Nicholas Barbantonis: (15:02) Hello
Trang Nguyen: (15:03) Hello everyone
Konstantinos Komaitis: (15:07) This call coincides with the IGF so some folks are there
Maarten Simon: (15:07) sorry only listening in as I am in a bus in Brazil
Grace Abuhamad: (15:08) Plamena Popova just joined. Welcome Plamena
Greg Shatan: (15:08) https://docs.google.com/document/d/1iUREZlPBiU-oSYxQXiahEbTcH4P3Ov_EReWzmXNHiwo/edit?usp=sharing
Brenda Brewer: (15:08) I have it...I"ll upload it'
Konstantinos Komaitis: (15:08) just received it
Grace Abuhamad: (15:12) Greg -- we'll take notes and the DT can fill the Notes column out after the call
Maarten Simon: (15:14) sorry but the connectiin is not good, so I better leave
Plamena Popova: (15:23) sorry but I have to leave
Trang Nguyen: (15:28) it appears you cannot hear me
Grace Abuhamad: (15:28) Increase your mic volume?
Trang Nguyen: (15:28) i'll type my comment in the chat
Nicholas Barbantonis: (15:29) Can't hear him
Nicholas Barbantonis: (15:29) her*
Trang Nguyen: (15:31) One of the requirements that was just specified for the Trust is that it be neutral. It would be helpful to further define what is meant by neutral.
Trang Nguyen: (15:31) I increased the volume on my computer, but still no audio.
Konstantinos Komaitis: (15:33) thanks Greg for putting it so much more eloquently than I did :)
Trang Nguyen: (15:39) Thanks, Greg! That's helpful.
Grace Abuhamad: (15:42) sorrry guys -- notes are paused. fire at igf building
Konstantinos Komaitis: (15:45) what is the timeline for this?
Konstantinos Komaitis: (15:49) thanks Greg - this makes sense
Trang Nguyen: (16:05) I think that question is about whether the DT agrees with the operational control of the iana.org domain name remains with the IFO.
Nicholas Barbantonis: (16:07) It could be fine under contractual guidelines and supervision
Konstantinos Komaitis: (16:08) let's not presume and see exactly what the propsal says
Konstantinos Komaitis: (16:11) right
Trang Nguyen: (16:15) Thanks for facilitating the call, Greg!
Nicholas Barbantonis: (16:15) Yes, great job
Konstantinos Komaitis: (16:16) can we have a doodle?
Brenda Brewer: (16:18) I"ll send doodle
Konstantinos Komaitis: (16:21) thanks Greg
Trang Nguyen: (16:21) Thanks, Greg!
Konstantinos Komaitis: (16:21) bye all
Trang Nguyen: (16:21) Bye everyone.
Greg Shatan: (16:21) Thank you!