Showing posts with label Intellectual Property. Show all posts
Showing posts with label Intellectual Property. Show all posts

2018-07-09

Trade War Begins: Why China’s Growth Doesn’t Work For America Anymore

President Trump Announces Trade Tariffs On China Imports

BloombergQuint.com video above published Jul 6, 2018.

Trump tariffs on Chinese goods fulfill campaign promise: Peter Navarro

White House Office of Trade and Manufacturing Policy Director Peter Navarro says President Trump has given China every possible avenue to address the theft of U.S. intellectual property. Fox Business video above published Jul 6, 2018.

Trade War Begins: Why China’s Growth Doesn’t Work For America Anymore

No longer does the United States see the Chinese system of economic growth as a tolerable process, says Law Professor Raj Bhala, an expert in International Trade Law, in the video above. Raj Bhala is the inaugural Brenneisen Distinguished Professor, The University of Kansas, School of Law, and Senior Advisor to Dentons U.S. LLP.

According to Bhala, two Trump administration documents detail why Section 301 actions are necessary:

The first is a 215-page investigation report, issued on March 22 by the United States Trade Representative (USTR), summarized in the USTR’s language:
  • “China uses joint venture requirements, foreign investment restrictions, and administrative review and licensing processes to force or pressure technology transfers from American companies.”
  • “China uses discriminatory licensing processes to transfer technologies from U.S. companies to Chinese companies.”
  • “China directs and facilitates investments and acquisitions which generate large-scale technology transfer.”
  • “China conducts and supports cyber intrusions into U.S. computer networks to gain access to valuable business information.”
The second is a 35-page report, issued on June 20 by the White House Office of Trade and Manufacturing (embed below), which contends that in addition to protectionist barriers, subsidized overcapacity, and cloud computing restrictions, China seeks to “acquire key technologies and intellectual property from other countries” and “capture the emerging high-technology industries that will drive future economic growth and many advancements in the defense industry.”


A third document is April 18 testimony to Congress by Pacific Commander Admiral Philip Davidson that the CCP’s military intentions in the South China Sea threaten to “displace the U.S. as the security partner of choice for countries in the Indo-Pacific” and “prevent the United States from intervening in any regional conflict on China’s periphery”.
"… [T]he United States advocates for a free and open Indo-Pacific, supported by regional partners and allies that respect international law, freedom of navigation and overflight, and the free flow of commerce and ideas. ...[I]t is increasingly clear that China wants to shape a world aligned with its own authoritarian model and inconsistent with these principles. Through coercive diplomacy, predatory economic policies, and rapid military expansion, China is undermining the rules-based international order. We must be willing to cooperate with China where we can, while consistently and unapologetically confronting China when it engages in behavior that undermines the international order or harms U.S. interests in the region."
Bhala says that on July 6, 2018, President Trump changed the U.S. narrative on trade with China. He imposed under Section 301 of the Trade Act of 1974, a 25 percent tariff on $35 billion worth of Chinese imports into the United States, effective July 6, with more levies possible, up to $500 billion on Chinese goods, and China immediately counter-retaliated.

According to Bhala, the U.S. will no longer facilitate Chinese economic growth because the U.S. no longer believes Chinese Communist Party (CCP) led planning is good for the U.S. or the world--that the CCP’s economic behavior, not to mention military intentions, erode America’s economic vitality and thereby undermine its national security. Bhala adds:

"The European Union fought most of the rest of the world over bananas throughout the 1980s and 1990s. Canada and the United States have been whacking each other with softwood lumber since 1982 ... The prudent historical inference for businesses to draw is to re-think their models.
  • Is there exposure to imports, exports, or foreign direct investment in China?
  • What alternative sources of supply exist?
  • Are alternative sales markets appealing?
  • Are alternative production venues viable?
"Even if, perchance, hostilities cease with a truce or treaty, the re-think will prove useful. That’s because the new narrative is a testament to enduring Chinese-American tensions." Read more by Bhala here.

See also:

feedback & comments via twitter @DomainMondo


DISCLAIMER

2018-04-06

Jeffrey Gundlach & Wilbur Ross: Stocks, Bonds, Bitcoin, Tariffs & China

Jeffrey Gundlach On Bonds, Tariffs And Bitcoin

Gundlach: "Bitcoin is the Dot Com of our world today." CNBC.com video above published Apr 4, 2018: Jeffrey Gundlach, CEO of Doubleline Capital (Domain: doubleline.com), talks bonds, tariffs and bitcoin in an exclusive interview on CNBC's "Fast Money." See also Doubleline Funds webcast-schedule and bitcoin price.

Note also:

VIX
 VIX
The Chicago Board Options Exchange (CBOE) Volatility Index, known by its ticker symbol VIX, is a popular measure of the stock market's expectation of volatility implied by S&P 500 index options.

U.S. Commerce Secretary Wilbur Ross Reacts To China's New Tariffs

CNBC.com video above published Apr 4, 2018: In an interview with CNBC, U.S. Commerce Secretary Wilbur Ross says China's new tariffs do not represent a threat to the United States.

NASDAQ Composite UP 2.5% YTD:
 NASDAQ
The NASDAQ Composite (ticker symbol IXIC) is a stock market index of the common stocks and similar securities (e.g. ADRs, tracking stocks, limited partnership interests) listed on the NASDAQ stock market. Along with the Dow Jones Industrial Average (a/k/a Dow or DJIA) and S&P 500 Index, it is one of the three most-followed US stock markets' indices. The composition of the NASDAQ Composite is heavily weighted towards information technology companies.

S&P 500 Index DOWN 0.4% YTD:
 S&P 500

DJIA DOWN 0.87% YTD
 DJIA
The Dow’s (DJIA 30 stocks) decline for the year-to-date primarily comes down to 5 stocks which give a better narrative than the media of how tariff issues are affecting US equity prices: 3M; Caterpillar; Home Depot; Proctor & Gamble; Walmart.

feedback & comments via twitter @DomainMondo


DISCLAIMER

2017-10-11

IMF's Christine Lagarde: How We Regulate Tech Needs To Be Reinvented

IMF Director Christine Lagarde: How We Regulate Tech Needs To Be Reinvented

CNBC video above published Oct 6, 2017: IMF Managing Director Christine Lagarde talks about regulating big tech, and bitcoin, with CNBC.com's Sara Eisen.

Big Tech's power remains unchallenged

Financial Times (ft.com) video above published Sep 19, 2017: Rana Foroohar, the FT's global business columnist, examines the implications of the dominance of Big Tech groups like Google, Amazon and Facebook for competition ( antitrust, monopoly), for innovation and for the health of democracy. Slide:
source: S&P Global
Transcript of Lagarde interview (YouTube.com auto-generated):
00:00  IMF Managing Director Christine
00:01  Lagarde laying out her policy agenda in
00:04  a speech ahead of the IMF annual
00:05  meetings next week I got a chance to sit
00:07  down with her for an exclusive interview
00:08  yesterday asked about the increasing
00:10  regulatory and political pressure on big
00:13  tech everything from taxes to fake news
00:16  under the microscope I asked her whether
00:17  companies like Google and Facebook
00:18  actually deserve more regulatory
00:21  scrutiny I think the way in which they
00:25  operate and the value that they generate
00:29  the activity from needs to be looked at
00:32  and I would hope that this can be done
00:34  in cooperation with them you know value
00:38  that is driven by data by information by
00:41  pattern of consumption that we volunteer
00:44  in a way without really us knowing about
00:46  it
00:47  determines the value of what they can
00:50  offer in terms of service services and
00:52  clearly revenue needs to be contributed
00:55  by those companies where it is
00:58  contributed how it is defined
01:00  how intellectual property is going to be
01:02  used as a basis to allocate revenues and
01:06  base taxation on all these things are
01:10  being need to be reinvented and I hope
01:14  that dialogue takes place rather than
01:16  you know harsh adversarial debates have
01:21  they become too powerful competition law
01:25  is there to actually deal with it why
01:27  don't you also ask you about your
01:28  comments which made a lot of waves last
01:30  week on Bitcoin you said could
01:32  ultimately give central bank's a run for
01:33  their money
01:34  mm-hmm so with countries like China and
01:37  Korea this week cracking down is that a
01:40  mistake not to embrace it you know what
01:43  what the Chinese authorities have
01:44  decided is to just ban the initial
01:49  offering of bitcoins and I think that
01:52  they've done that on the basis of the
01:53  analysis that it was at least strongly
01:55  dominated by you know speculation and
01:58  Ponzi like schemes which is certainly
02:02  showing that they are paying attention
02:04  you know when you look at a country like
02:06  like Kenya for instance where transfers
02:08  where taxes being paid totally digitally
02:11  when you look at the way in which
02:13  you know some civil servants are paid
02:15  also totally electronically and and and
02:18  without leakages in the system as is the
02:20  case in some of the developing countries
02:22  when I look at my own country where you
02:25  know of all transactions between you
02:29  know my compatriots and and and the the
02:32  Treasury Department is all now on
02:35  digital support I think there are
02:37  massive changes taking place at the
02:39  moment which everybody needs to be
02:41  attentive to would you ever buy any for
02:43  yourself
02:44  no I didn't and it's too expensive for
02:46  me at the moment we're seeing the guard
02:49  headline Bitcoin is too expensive at the
02:51  moment but seriously her comments about
02:53  the new digital economy and payment
02:55  system and and phrasing that off of the
02:58  question about whether central banks and
03:00  governments should embrace Bitcoin to me
03:03  is a very powerful statement from the
03:05  head of the International Monetary Fund
03:08  especially in light of some other recent
03:10  comments from big bankers completely
03:13  dismissing the idea as a fraud well look
03:14  JPMorgan thinks it's a fraud Bank of
03:17  America thinks it's a terrible idea we
03:18  talked to to see your professor there
03:20  and then Goldman Sachs on the other side
03:22  may be trying to either create a market
03:24  or mining it or who knows what the plan
03:26  is so it's there's everybody's coming on
03:28  in a different side she really raises an
03:30  important question though around how
03:33  taxation needs to change in this digital
03:36  era you've got huge companies like
03:37  Google Facebook they don't make stuff
03:39  like the old manufacturing companies
03:40  everybody knew how to tax those who has
03:42  the convening power to bring those
03:45  companies and others to the table so
03:46  they don't end up saying well whatever
03:48  proposal the EU has or the US has or
03:50  whomever it's unfair who's gonna bring
03:52  all these folks together at a table I
03:54  don't know and I think also that the
03:55  point on privacy is related and that it
03:58  has to be looked at and it has to be I
04:01  think her point was in conjunction with
04:02  the companies and not just regulators
04:05  starting to put all sorts of new rules
04:07  and and stricter sort of laws around
04:09  this right well let's try to figure this
04:11  out

feedback & comments via twitter @DomainMondo


DISCLAIMER

2017-06-05

BSA Trade Agenda: Modernizing Digital Trade, NAFTA & Beyond

Modernizing Trade for NAFTA and Beyond | bsa.org (The Software Alliance)--BSA.org’s digital trade agenda is intended to create a modern trade agreement that recognizes the enormous impact software has on the US economy. BSA sent a letter (embed below) to the Trump Administration outlining these trade priorities and emphasizing digital trade’s role as an engine of growth for the American economy in the coming decades.


The full agenda:


BSA members
See also: software.org -- BSA Foundation

feedback & comments via twitter @DomainMondo


DISCLAIMER

2016-04-25

Conference on the Global Digital Content Market, Jaron Lanier Keynote

Highlights from Jaron Lanier Keynote at Digital Content Market Conference:

Writer, composer and tech futurist Jaron Lanier delivered the keynote address at the opening of the Conference on the Global Digital Content Market, April 20-22, 2016 at WIPO Headquarters in Geneva, Switzerland. (Published April 21, 2016)


Above: video playlist from the Conference on the Global Digital Content Market, April 20-22, 2016, at WIPO Headquarters in Geneva, Switzerland. First 3 videos:

1. Naja Nielsen, Chief Editor, DBC Radio: Naja Nielsen, Chief Editor of DBC Radio (Denmark), on "Best, worst of times."

2. Dima Khatib, Managing Director, AJ+Dima Khatib, Managing Director of AJ+ online news channel (Qatar), shares her views: "Everyone is copying us."

3. Ritu Kapur, CEO, Quintillion Media: Ritu Kapur, founder and Chief Executive Officer (CEO), Quintillion Media Pvt. Ltd.: Curation (without a link to the source) can be jargon for plagiarism.

WIPO Conference on the Global Digital Content Market: April 20 – 22, 2016, Geneva, Switzerland--"The creative content economy has seen radical change to access and business models for more than a decade. The tensions between increased access and a sustainable economic value chain are the essence of this conference, which explores: copyright in the digital age the impact of the digital environment on creators the role for publishers, producers and distribution platforms digital markets, access, and participation."
#digicontent2016:





DISCLAIMER

2015-12-26

ICANN New gTLDs: Competition, Consumer Trust & Choice Review Team

UPDATE: Letters of motivation, Curricula vitae, Statements of Interest below 

Seventeen individuals have been selected to serve on the team that will review ICANN's New gTLD Program (new generic top-level domains) in relation to competition, consumer trust and consumer choice (CCT). Review team members represent "an array of geographic regions and areas of expertise, and have demonstrated knowledge of the New gTLD Program or one of the review areas" according to ICANN.

Six review team members were endorsed by the Generic Names Supporting Organization (GNSO), two were endorsed by the At-Large Advisory Committee (ALAC), and four members will serve as independent experts and bring deep knowledge of economics, consumer protection and intellectual property law, and Internet security to the team. Of the remaining five team members, two also belong to the Country Code Names Supporting Organization (ccNSO), two from the Governmental Advisory Committee (GAC), and one represents ICANN's CEO. In accordance with ICANN's Affirmation of Commitments (AoC), CCT review team members were selected by ICANN CEO Fadi Chehadé and GAC Chair Thomas Schneider. The individuals selected are listed below:

Members Representing an ICANN Supporting Organization or Advisory Committee:
Member | Country | SO/AC

Calvin Browne South Africa GNSO
Letter of motivation
Curriculum vitae
Statement of interests
Jordyn Buchanan USA GNSO
Letter of motivation
Curriculum vitae
Statement of interests
Carlos Raul Gutierrez Costa Rica GNSO
Letter of motivation
Curriculum vitae
Statement of interests
Waudo Siganga Kenya GNSO
Letter of motivation
Curriculum vitae
Statement of interests
David Taylor United Kingdom GNSO
Letter of motivation
Curriculum vitae
Statement of interests
Jonathan Zuck USA GNSO
Letter of motivation
Curriculum vitae
Statement of interests
Kaili Kan People's Republic of China ALAC
Letter of motivation
Curriculum vitae
Statement of interests
Carlton Samuels Jamaica ALAC
Letter of motivation
Curriculum vitae
Statement of interests
Megan Richards Belgium GAC
Curriculum vitae
Statement of interests
Dejan Djukic Serbia ccNSO
Letter of motivation
Curriculum vitae
Statement of interests
Gaongalelwe G.P. Mosweu Botswana ccNSO
Letter of motivation
Curriculum vitae
Statement of interests

Members Serving as Independent Experts
Member | Country

Drew Bagley USA
Letter of motivation
Curriculum vitae
Statement of interests
Stanley Besen USA
Curriculum vitae
Statement of interests
N. Ravi Shankar India
Letter of motivation
Curriculum vitae
Statement of interests
Fabro Steibel Brazil
Letter of motivation
Curriculum vitae
Statement of interests

*ICANN CEO representative: Jamie Hedlund - ICANN Vice President, Strategic Programs, Global Domain Division
*GAC Chair representative: Laureen Kapin - FTC Counsel for International Consumer Protection; (pdf) and (pdf)

*The Affirmation of Commitments allows the ICANN CEO (Fadi Chehadé) and GAC chair (Thomas Schneider) to serve on the review team or designate representatives. As shown above, the ICANN CEO will be represented by ICANN's Jamie Hedlund, and GAC Chair by Laureen Kapin, of the GAC Public Safety Working Group and the U.S. Federal Trade Commission.

The CCT review team is expected to convene for its first meeting in January 2016 and complete a final draft of its report by December 2016. Periodic updates on the review will be made via icann.org and at ICANN public meetings. Further information on the review process and members of the review team may be found here.




DISCLAIMER

2015-09-30

TPP, Trans-Pacific Partnership, Atlanta Meeting Sep 30-Oct 1 (video)


TPP Crunch Time: What's Holding It Up? (source: Bloomberg)
ITS Global Managing Director Alan Oxley discusses the Trans-Pacific Partnership, and the talks that resume in Atlanta this week, and whether a deal can be reached. He speaks to Bloomberg's Angie Lau on "First Up." Published on Sep 28, 2015

ITS Global | Consultants on Global Issues: [domain name: itsglobal.net]"ITS Global is a dynamic consultancy specialising in public policy in the Asia Pacific region. Its expertise include: trade, economics and investment; environment and sustainability; aid and development; and corporate social responsibility and risk. It enables clients to assess implications of policy; develop and implement strategies to manage policy impacts; and to improve policy formulation."

United States to Host Trans-Pacific Partnership Trade Ministers’ Meeting in Atlanta | United States Trade Representative"The United States will host a meeting of Trans-Pacific Partnership (TPP) Trade Ministers in Atlanta, GA from September 30th – October 1st preceded by a meeting of TPP Chief Negotiators from September 26th-29th.  Trade Ministers and negotiators last met in July and have been making good progress toward resolving the limited number of outstanding issues."

What is the Trans-Pacific Partnership (TPP)? According to the Electronic Frontier Foundation (EFF): "The Trans-Pacific Partnership (TPP) is a secretive, multinational trade agreement that threatens to extend restrictive intellectual property (IP) laws across the globe and rewrite international rules on its enforcement. The main problems are two-fold:
(1) Intellectual Property Chapter: Leaked draft texts of the agreement show that the IP chapter would have extensive negative ramifications for users’ freedom of speech, right to privacy and due process, and hinder peoples' abilities to innovate.
(2) Lack of Transparency: The entire process has shut out multi-stakeholder participation and is shrouded in secrecy.
The twelve nations currently negotiating the TPP are the US, Japan, Australia, Peru, Malaysia, Vietnam, New Zealand, Chile, Singapore, Canada, Mexico, and Brunei Darussalam. The TPP contains a chapter on intellectual property covering copyright, trademarks, and patents. Since the draft text of the agreement has never been officially released to the public, we know from leaked documents, such as the May 2014 draft of the TPP Intellectual Property Chapter [PDF], that US negotiators are pushing for the adoption of copyright measures far more restrictive than currently required by international treaties, including the controversial Anti-Counterfeiting Trade Agreement (ACTA).
The TPP Will Rewrite Global Rules on Intellectual Property Enforcement
All signatory countries will be required to conform their domestic laws and policies to the provisions of the Agreement. In the US, this is likely to further entrench controversial aspects of US copyright law (such as the Digital Millennium Copyright Act[DMCA]) and restrict the ability of Congress to engage in domestic law reform to meet the evolving IP needs of American citizens and the innovative technology sector. The recently leaked US-proposed IP chapter also includes provisions that appear to go beyond current US law.
The leaked US IP chapter includes many detailed requirements that are more restrictive than current international standards, and would require significant changes to other countries’ copyright laws. These include obligations for countries to:
Place Greater Liability on Internet Intermediaries: The TPP would force the adoption of the US DMCA Internet intermediaries copyright safe harbor regime in its entirety. For example, this would require Chile to rewrite its forward-looking 2010 copyright law that currently establishes a judicial notice-and-takedown regime, which provides greater protection to Internet users’ expression and privacy than the DMCA.
Escalate Protections for Digital Locks: It will compel signatory nations to enact laws banning circumvention of digital locks (technological protection measures or TPMs)[PDF] that mirror the DMCA and treat violation of the TPM provisions as a separate offense even when no copyright infringement is involved. This would require countries like New Zealand to completely rewrite its innovative 2008 copyright law, as well as override Australia’s carefully-crafted 2007 TPM regime exclusions for region-coding on movies on DVDs, video games, and players, and for embedded software in devices that restrict access to goods and services for the device—a thoughtful effort by Australian policy makers to avoid the pitfalls experienced with the US digital locks provisions. In the US, business competitors have used the DMCA to try to block printer cartridge refill services, competing garage door openers, and to lock mobile phones to particular network providers.
Create New Threats for Journalists and Whistleblowers: Dangerously vague text on the misuse of trade secrets, which could be used to enact harsh criminal punishments against anyone who reveals or even accesses information through a "computer system" that is allegedly confidential.
Expand Copyright Terms: Create copyright terms well beyond the internationally agreed period in the 1994 Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The TPP could extend copyright term protections from life of the author + 50 years, to Life + 70 years for works created by individuals, and either 95 years after publication or 120 years after creation for corporate owned works (such as Mickey Mouse). Read more about the TPP Copyright Trap.
Enact a "Three-Step Test" Language That Puts Restrictions on Fair Use
: The U.S. Trade Representative (USTR) is putting fair use at risk with restrictive language in the TPP's IP chapter. US and Australia have proposed very restrictive text, while other countries such as Chile, New Zealand, and Malaysia, have proposed more flexible, user-friendly terms.
Adopt Criminal Sanctions: Adopt criminal sanctions for copyright infringement that is done without a commercial motivation. Users could be jailed or hit with debilitating fines over file sharing, and may have their property or domains seized even without a formal complaint from the copyright holder...."


See also:



DISCLAIMER

2015-08-11

How ICANN Lost Its IANA Trademarks and IANA dot ORG Domain Name

UPDATE: 22 Jan 2016IANA CWG Meeting #75 (21 January @ 16:00 UTC) - CWG on Stewardship Transition: "3. IANA IPR [intellectual property -- IANA trademarks, IANA.org domains] "Discussed in December as well as previous meeting. Functional neutrality (owner must operate in such a way that control is not steered by one of the operational communities over the exclusion of others) deemed acceptable based on those discussions, not necessary to create a whole new entity, logical option is to use the IETF Trust provided no substantial issues emerge in the future. Confirm that there are no objections to this approach. No objections received so the CWG-Stewardship will proceed on this basis. Discuss how the different operational communities can collaborate on the implementation of this solution. Utilize the group that has been operating to co-ordinate on this topic consisting of representatives of the different operational communities, plus Greg [Shatan] and Chairs of CWG-Stewardship. Objective is to flesh out the principle and example terms under which the different communities would have their relationships with the IETF Trust in relation to IANA IPR. Group has agreed to make all of its future email conversations public. Notes of previous meetings have been circulated. Target is to reach agreement on high level principles in advance of submission of the ICG proposal to the NTIA." (emphasis added) 

Questions: Will IETF or IETF Trust, or subsidiary, eventually run IANA, and assess each TLD an annual fee plus transactional fee per change to the Root Zone file? If yes, then ccTLDs do not need ICANN, and if all gTLDs are required to become ccTLDs, ICANN could be abolished. Global TLD issues could then be dealt with by treaty as provided in "Article 18.28: Domain Names" in the TPP drafted by the US government + 11 other nations. Isn't that what China also wants? See this and this.
--[end of 22 Jan 2016 update]-- 
"From an ICG perspective, the “requirement” that the numbers community set out (see para 2083 of the transition proposal) is that the IANA IPR be held by an entity that is not the IANA numbering services operator. The designation of exactly who that entity will be is not a requirement and is not currently specified in the proposal. The proposal does note that the numbers community suggested the IETF Trust and in response to an ICG inquiry the protocol parameters community indicated that it had no objection to the IETF Trust serving as the repository for the trademarks and domain name associated with the provision of the IANA services (see para 34-35)." - ICG Co-Chair Alissa Cooper
"It is consistent with our proposal if the criteria is described so that an entity holding the IPR on the IANA trademark and iana.org domain is not the IANA Function Operator for the IANA Numbering Services. It is not a requirement to specify a particular entity holding the IANA trademark and iana.org domain. The IETF Trust is identified as an acceptable option and we note that the IETF Trust has expressed that it is possible for them to be its holder if so desired." - CRISP (Numbers) 20 Aug 2015
UPDATE August 20, 2015: After receiving clarifications from the ICG and CRISP (see above), CWG-Stewardship (Names) at its meeting today noted:
· ICANN Board issued a statement on Saturday 15 August (see August 15th UPDATE below).
· ICG Chairs and CRISP Chairs have responded positively on the mailing list and clarified questions/issues where needed.
· Agreement on a neutral/independent trust and the communities can focus on requirements for this trust during implementation.
· Olivier Crepin Leblond clarified that the At-Large Working Group on IANA Transition is in agreement with the concept of the independent trust (although they would have preferred that ICANN continue to hold these marks).
· Greg Shatan (IPC President) agrees with proposed position
· Next step: communicate this position to the ICG through the Public Comment and to the other communities involved.
· Martin Boyle noted that the IFO will need to have operational control of the IANA.ORG and associated domain names. This is a requirement that needs to be clarified in the agreement.
Action: CWG-Stewardship Chairs to draft position for submission to ICG and relevant communities.

UPDATE: As announced by ICANN on August 15, 2015:

ICANN Statement Regarding IANA Intellectual Property Rights (IPR): "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 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 domain for as long as ICANN remains the IANAFunctions 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." (emphasis added)


Domain Mondo graphic showing how the ICG IANA Transition Plan moves the IANA trademarks and domain name to the IETF Trust whiich would grant licenses for use by ICANN, PTI, IETF, RIRs et al.
Above is a Domain Mondo graphic showing how the ICG IANA Transition Plan moves the IANA trademarks and domain name (IPR) to the IETF Trust whiich would grant licenses for use by ICANN, PTI, IETF, RIRs et al.
For domain name registrants and trademark owners who have been subjected to ICANN's unfair, unpredictable UDRP processes, this may come as a bit of "poetic justice"--ICANN will lose ownership of its intellectual property (IPR) in the form of the IANA trademarks and domain name (iana.org), under the IANA Stewardship Transition Plan (pdf) published by the ICG (IANA Stewardship Transition Coordination Group) and now open for comment.

As shown in the Domain Mondo produced graphic above, pursuant to the ICG PLAN, ICANN will continue to be the IFO (IANA functions operator) for the Numbers (NRO, RIRs) and Protocols (IETF) communities. The Names (ccTLDs and gTLDs) community's IFO will be an ICANN affiliate (a new California non-profit corporation) called PTI, or Post-Transition IANA, which will perform the Names-related IANA functions. Under the Numbers proposal, subsequently incorporated into the final integrated plan published by the ICG, the IETF Trust will become the repository of the IANA trademarks and domain name:

Excerpt from page 15 of the IANA Transition Plan published by the ICG, July, 2015
Above: Excerpt from page 15 of the IANA Transition Plan published by the ICG, July, 2015
Some members of the dysfunctional CWG-Stewardship (Names) would have preferred a different result than above, but as explained by Domain Mondo in a June 20th post, the CWG-Stewardship and/or its Co-Chairs, apparently chose not to consider an alternative disposition of the IANA marks and domain name other than remaining "silent" as noted by the ICG in the IANA Transition Plan (excerpt above): "In effect, the names proposal does not make a specific proposal with regard to the IANA trademarks (and is completely silent as regards the domain name)." (emphasis added)

This was also reiterated by Alan Greenberg, ALAC Chair, and a member of the CWG-Stewardship, in a posting on the CWG's public mail list on August 10, 2015 (emphasis added):
"I have a strong preference that the TM [trademarks] and domain name remain with ICANN. The CWG chose not to delve further in this matter prior to issuing its final proposal. Regardless of why that happened, that is a fact. When the report was issued and the issue was raised as to the meaning of the "placeholder" words in Annex S, the reply included the words "Therefore it is our firm view that it is specifically not in conflict with either of the CRISP & IANAPLAN proposals on this subject. To reaffirm this, and to discuss a potential consolidated position, we have extended an offer to the leadership of the other two operational communities for a call on Tuesday, 7 July." (Message from Jonathan Robinson, 02 July 2015). That, I presume, was the basis for the ICG issuing its consolidated proposal. I do not recall what was reported out of that meeting, if indeed it happened. Based on all of that, I still PREFER an option where ICANN holds the assets. However, I can live with them being transferred to the IETF Trust with appropriate contractual language to give the names community security that the assets will be available for them regardless of the paths taken to provide IANA service for the Numbers and Protocol communities. Establishing an understanding with the IETF Trust so that the details can be completed as part of the implementation schedule is, in my mind, the number one priority." Alan [Greenberg]
As has been noted on the CWG public mail list by Greg Shatan, trademark attorney, IPC President, and member of the CWG-Stewardship, the IETF Trust will, as licensor, have a duty to exercise "quality control" over use of the IANA trademarks by licensees (ICANN et al):

"..."Trademark Usage" refers to the display of the trademark itself (size,colors, placement, accurate reproduction, etc.) "Quality Control" refers to the quality of the goods and services themselves. Control of Trademark Usage is typically achieved by establishing "Trademark Usage Guidelines" which are distributed to licensees and may be periodically updated. Licensees are typically contractually obligated to follow such Guidelines and to seek prior approval for any substantial deviations from those Guidelines. Some licensors may obligate licensees to seek approvals for all new uses of the trademarks, to confirm that the usage meets the guidelines, but this is not legally required. Quality Control of the licensee's goods and services is far more important. Quality Control is typically achieved by setting out written standards that the goods and services must meet (which may vary from fairly high-level statements to very detailed quality control levels, specifying the way in which the licensee must provide the service and benchmarks that need to be met by licensee), coupled with some sort of active quality control exercised by the licensor on a regular basis (e.g., prior approvals by licensor of any new goods/services proposed to be offered by licensee, inspections of samples, factory/site visits). Active and ongoing quality control is critical; merely setting up quality control standards is insufficient. A licensor's failure to exercise adequate quality control can result in a finding of abandonment of the mark and loss of trademark rights ..." source: Greg Shatan, 6 Aug 2015 (emphasis added)

Which leads to Domain Mondo's Questions:
1. What Quality Control "standards" and "benchmarks" will the IETF Trust require ICANN, and its affiliate PTI, to meet and maintain, on an "ongoing basis," in order to continue using the IANA trademarks as licensees?
2. If ICANN, or its affiliate, PTI, fails to meet and maintain, on an "ongoing basis," those Quality Control "standards" and "benchmarks" established by the IETF Trust, will that "failure" trigger termination of ICANN as IFO for Numbers and Protocols, and as Steward of the IANA for Names, and in the case of PTI, trigger its termination as IFO for Names, OR (perhaps more likely) just terminate ICANN/PTI's rights to use the IANA trademarks and domain name? If it is the latter, what effect, if any, will that have on ICANN and PTI--do either ICANN or PTI even need rights to use the IANA trademarks and domain name?
Previous Domain Mondo posts on this issue:
For background on the history of the IANA trademarks and domain name read this posting to the CWG-Stewardship public mail list by John Poole, Editor of Domain Mondo, which details how the IANA marks and domain name were transferred from the original owner/registrant, the University of Southern California (where Jon Postel worked until his death in 1998), to ICANN (effective February 9, 2000).

Under current ICANN management and leadership, the IANA department has been somewhat neglected--e.g., see the most current ICANN organizational chart (pdf)--the IANA (Elise Gerich) does not report directly to the ICANN CEO Fadi Chehade (p.2), but instead, is buried within or under the Global Domains Division (Akram Atallah) (p. 5). As noted above, and in the IANA Transition Plan, this will change after the Transition is completed.


2015-06-19

IANA Transition: IANA Trademark and Domain Name Controversy Erupts

"What's in a name? 
That which we call a rose
By any other name 
would smell as sweet."

 IANA Stewardship Transition Coordination Group (ICG) meeting agenda, Friday, June 19, 2015, Buenos Aires
The IANA Stewardship Transition process, convened by ICANN pursuant to the NTIA's March, 2014, announcement, has involved three ICANN "communities"--Names (CWG-Stewardship), Numbers (RIRs a/k/a CRISP), and Protocols (IETF a/k/a IANAPLAN)-- each coming up with their own IANA Transition proposal and submitting it to the  IANA Stewardship Transition Coordination Group (ICG) which will "deliver a proposal to the NTIA recommending a transition plan of NTIA’s stewardship of IANA functions to the Internet community, consistent with the key principles outlined in the NTIA March 14 announcement" according to the ICG website.

Pursuant to the ICG meeting June 18-19, 2015, in Buenos Aires (Friday agenda above), ICG co-chair Alissa Cooper, who is also a member of the IETF (Protocols) community, sent the following email to the CWG-Stewardship (emphasis added):

Alissa Cooper to cwg-stewardship:
Dear CWG,
The CWG transition proposal suggests that "ICANN will grants [sic] PTI an exclusive, royalty-free, fully-paid, worldwide license to use the IANA trademark and all related trademarks in connection with PTI's activities under the ICANN-PTI Contract." [1] Our understanding is that this text was not a product of full CWG deliberation and consensus and is flagged as subject to further negotiations.

During the ICG face-to-face meeting #5 on June 18 this text was identified as causing an incompatibility between the three operational community proposals. Both the IETF and RIR communities have been using and continue to use the term "IANA." For instance, the term has been cited in 3,353 RFCs over several decades. The CWG’s proposal for ICANN to grant an exclusive license may not be compatible with all three communities making continued use of the term.

Second, the RIR community has specified in its proposal that the IANA trademark and domain name [2] should be transferred to an entity independent of any IANA Numbering Services Operator. In February 2015, the ICG asked the RIR and IETF communities to report if their proposals can be made compatible in this regard. After discussion these communities reported back that there was no fundamental discrepancy. [3, 4] The IETF Trust also indicated its willingness to hold intellectual property rights relating to the IANA functions and the IETF community expressed its willingness to support such a decision. [3]

Finally, the current text discusses only the trademarks and not the iana.org domain name. Thus it is unclear whether the CWG proposal text is meant to extend to the domain name as well.

The ICG has identified this topic as something that requires coordination between the communities. The ICG would like to request that in completing its proposal the CWG review the proposals from the protocol parameters and numbers communities, determine if it can adopt an approach taken by those communities, and if not, work together with the protocol parameters and numbers communities to reconcile the incompatibilities that have been identified. The ICG requests that the CWG communicate back to us a proposed resolution to this issue by July 2 at 23:59 UTC.
Thank you,
Alissa, Patrik and Mohamed on behalf of the ICG

[1] CWG Stewardship proposal, Annex S, page 132
[2] Numbers community proposal, page 10: "With regards to the IANA trademark and the IANA.ORG domain, it is the expectation of the Internet Number Community that both are associated with the IANA Numbering Services and not with a particular IANA Numbering Services Operator. Identifying an organization that is not the IANA Numbering Services Operator and which will permanently hold these assets will facilitate a smooth transition should another operator (or operators) be selected in the future. It is the preference of the Internet Number Community that the IANA trademark and the IANA.ORG domain name be transferred to an entity independent of the IANA Numbering Services Operator, in order to ensure that these assets are used in a non-discriminatory manner for the benefit of the entire community. From the Internet Number Community's perspective, the IETF Trust would be an acceptable candidate for this role.
The transfer of the IANA trademark and IANA.ORG domain to the IETF Trust will require additional coordination with the other affected communities of the IANA Services, namely, protocol parameters and names. It is the preference of the Internet Number Community that all relevant parties agree to these expectations as part of the transition."
[3] http://mm.icann.org/pipermail/internal-cg/2015-February/003103.html
[4] http://mm.icann.org/pipermail/internal-cg/2015-February/003105.html


Initial analysis and  background note:

[Disclosure: information and analysis provided by the Editor of Domain Mondo, John Poole, who was also an observer of the CWG-Stewardship (observers are called "participants" in the CWG-Stewardship, as they are allowed to have a "voice" in the proceedings, but no "vote" in the consensus decision-making).]

Interestingly, the members of the ICG, and specifically, Co-Chair Cooper, who also attended CWG-Stewardship meetings and received all emails posted on the CWG-Stewardship mail list, failed to note that the RIR community's IANA trademark and domain name proposal to transfer the IANA trademarks and domain name to the IETF Trust, was first flagged as a problem by CWG-Stewardship member Greg Shatan, intellectual property attorney, and President of the ICANN IPC (Intellectual Property Constituency), on February 23, 2015. Domain Mondo's next post will provide further background information and analysis of this issue, why its resolution is important, not only for ICANN and its "communities," but also for domain name registrants, trademark holders, and the global multistakeholder community, also known as the global Internet community.

Domain Mondo UPDATE: ICANN Board and CWG address IANA Trademarks and Domain Name


2015-06-04

Celebs, Brands, .PORN Domain Names, Stuart Lawley Interview (video)



ICM Registry's Stuart Lawley discusses Internet domain names with Bloomberg's Emily Chang on "Bloomberg West," June 3, 2015. Discussion includes ICANN's new gTLDs program and its impact on trademarks, brands, and intellectual property, as well as the IANA stewardship transition.

General Availability open registration for .PORN and .ADULT domain names starts on June 4th, 2015 at 16:00 UTC time converter, 12 noon EDT (US), according to the Registry operator, ICM Registry, and a list of Registrars that support these TLDs (top-level domains) can be found on the ICM Registry site.


2015-05-13

Two Congressional Hearings Wednesday on ICANN and IANA Transition

On Wednesday, May 13th, the U.S. Congress, House of Representatives, is holding two subcommittee hearings on ICANN, ICANN Accountability, and the IANA Stewardship Transition:

Hearing #1: The Subcommittee on Courts, Intellectual Property, and the Internet will hold a hearing on Wednesday, May 13, 2015, at 10:00 a.m. EDT (Time Converter) in 2141 Rayburn House Office Building, Washington, D.C. The hearing is entitled: Stakeholder Perspectives on ICANN: The .Sucks Domain and Essential Steps to Guarantee Trust and Accountability in the Internet’s Operation. The hearing will be webcast at:
http://www.domainmondo.com/2015/05/us-hearing-wednesday-icann-sucks-iana.html

The Subcommittee on Courts, Intellectual Property, and the Internet hearing will examine stakeholders perspectives on the operation of ICANN, the Internet Corporation for Assigned Names and Numbers, a non-profit California corporation, charged with managing the Internet’s domain name and addressing system. The hearing will focus on the rollout of the new .sucks domain name and the Obama Administration’s proposal to transition oversight of the Domain Name System (DNS) away from the National Telecommunications and Information Administration (NTIA).

Hearing #2: The Subcommittee on Communications and Technology will hold a hearing on WednesdayMay 13, 2015, at 2:00 p.m. EDT (Time Converter) in 2322 Rayburn House Office Building, Washington, D.C.  The hearing is entitled: “Stakeholder Perspectives on the IANA Transition.” The hearing webcast: http://www.domainmondo.com/2015/05/us-congressional-hearing-live-2-pm.html

For more information on the Subcommittee on Communications and Technology hearing:
http://docs.house.gov/meetings/IF/IF16/20150513/103448/HHRG-114-IF16-20150513-SD003.pdf

See alsoCongress keeps pressing ICANN - POLITICO: "The Judiciary hearing will focus on trust and accountability of ICANN, and the hearing title calls out one current issue in particular: the “.sucks” top-level domain name. In April, ICANN asked American and Canadian trade regulators to investigate Vox Populi, a Canadian company that holds the rights to sell domain names ending in “.sucks,” to see if it is exploiting brands and celebrities by charging them high rates for domain names.... [The Communications and Technology] hearing will feature stakeholders talking about the government’s plans to transition away from a formal oversight role. Panel members will also review the Domain Openness Through Continued Oversight Matters (DOTCOM) Act, a plan by Rep. John Shimkus to put the transition on hold for a year while the Government Accountability Office reviews potential consequences."


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