Re: [Ianaplan] update on trademarks and domains & IETF trust

[Konstantinos Komaitis <[e-mail]>]

Hi Jari,

may I suggest one slight edit/amendment to consider in the following:


c.  The IETF Trust will hold, maintain and renew the IANA IP in accordance with good IP management practices and shall seek new territorial registrations based on the IANA IP as instructed by the IANA IP Reps.

The language “good IP management practices” seems to be quite open-ended. Although every trademark owner should exercise, to the best of their abilities, good management of their IPR, there is no set framework of what this could mean — at least one that is generally acceptable or endorsed through law. So, this language could be subjectively interpreted to mean anything and it could, in theory at least, raise some potential issues of liability. I think it is important that the Trust does not do anything more than what the law prescribes in coordination with the operational communities.

If I may suggest the following as an alternative - or something along those lines:

c.  The IETF Trust will hold, maintain and renew the IANA IPR in accordance with established legal requirements and shall seek new territorial registrations based on the IANA IPR as instructed by the IANA IP Reps and according to the applicable laws of each territory .


Thanks

Konstantinos

Dr. Konstantinos Komaitis
Senior Policy Advisor
The Internet Society