Dear Colleagues,

A call for public comments on the IANA IPR is now open at 
<https://www.ianacg.org/call-for-public-comment-on-iana-ipr-agreements/>.  The 
associated documents may also be found at <http://trustee.ietf.org/iana.html>.

This call for public comment seeks community input on three agreements 
concerning intellectual property rights (IPR) related to the IANA stewardship 
transition: 

- IANA IPR Assignment Agreement 
- IANA IPR License Agreement 
- IANA IPR Community Agreement

Comments are due by the deadline of September 12, 2016 at 23:59 UTC. Comments 
should be submitted via email to <[email protected]>. Commenters 
should clearly reference to which of the agreement(s) their comments apply.

The ICG web site is being used as a neutral site to host this call for public 
comment, but the agreements are not a product of the ICG.
 
Background
 
The Proposal to Transition the Stewardship of the Internet Assigned Numbers 
Authority (IANA) Functions from the U.S. Commerce Department’s National 
Telecommunications and Information Administration (NTIA) to the Global 
Multistakeholder Community 
<https://www.ianacg.org/icg-files/documents/IANA-transition-proposal-final.pdf> 
includes a requirement for certain IPR associated with IANA to be transferred 
from ICANN to an entity independent of the IANA functions operator. The IPR 
consists of trademarks and domain names.

After discussion within the operational communities and the IETF Trust, the 
IETF Trust indicated that it would be willing to hold the IANA IPR.  The IETF 
Trust <http://trustee.ietf.org/> is a Virginia common law trust created in 
2005. Among other things, the IETF Trust was created for the purpose of 
acquiring, holding, maintaining and licensing certain intellectual property for 
the advancement of the science and technology associated with the Internet and 
related technology. The IETF Trust agreed to hold the IANA IPR in the service 
of the affected Internet operational communities.

Representatives from the names community, the numbers community, the protocol 
parameters community, the IETF Trust, and ICANN have drafted a set of 
agreements to effectuate the transfer of the IANA IPR from ICANN to the IETF 
Trust and to govern the relationships amongst the parties with respect to the 
IPR after the transfer. These agreements are:
 
(1) IANA IPR Assignment Agreement. This agreement transfers the IPR from ICANN 
to the IETF Trust.
(2) IANA IPR License Agreement. This agreement allows for the IANA functions 
operator to use the IPR. The document available for public comment is a basic 
form that will be used to generate three license agreements, one each for the 
names, numbers, and protocol parameters IANA services. Items highlighted in 
yellow will vary by agreement and will be completed once the License Agreement 
is split into three. In each case the licensee is ICANN, with the ability 
established for ICANN to sublicense to PTI.
(3) IANA IPR Community Agreement. This agreement explains the rights and 
obligations of the IETF Trust and each operational community as regards the 
IPR.  
 
The IETF Trust, the operational communities, and ICANN hereby solicit feedback 
as to whether the draft agreements address the needs of the affected 
communities.

AFRINIC Communication

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