There were seven public comments submitted regarding the IANA IPR agreements, one of which was a correction to a previously submitted comment.
One comment was about the transition in general. There was nothing actionable for the IPR agreements from this comment.
All of the other comments were supportive of the IANA IPR agreements as written.
As a result, no edits to the agreements were made on the basis of the public comments received.
However, at the time the agreements were put out for public comment, there were a number of placeholders in the text that required further discussion amongst the parties to the agreements and the operational communities in order to be finalized. These items have been addressed as follows:
The following definition of “Effective Date” has been added to all of the agreements:
This Agreement will become effective on the date (“Effective Date”) that the IANA functions contract between NTIA and ICANN ends or is terminated, provided that date occurs before February 1, 2017. If such ending or termination has not occurred by February 1, 2017, this Agreement shall automatically terminate without further action of the Parties. Except as provided in the preceding sentence, no Party shall have the right to revoke or terminate this Agreement prior to the Effective Date.
Section 6.1: The term of indemnification has been set at 3 years.
Section 4.3.c: ICANN agrees to cover cost of ongoing enforcement actions existing as of the Effective Date.
Section 7.4: The venue of arbitration will be New York and three arbitrators will be appointed if the parties cannot agree on a single arbitrator.
Exhibit D, Item 5: Clarification provided that the use of ‘IANA’ as an entity name is permitted in archived RFCs and other documents.
Preamble: ICANN has been identified as the Names Community signatory.
Section 1.24: The following definition of “Names Community” has been provided, as agreed by the CWG:
The listed chartering organizations of the Cross Community Working Group to Develop an IANA Stewardship Transition Proposal on Naming Related Functions (“CWG”) – namely, the Country Code Names Supporting Organization (“ccNSO”), the Security and Stability Advisory Committee (“SSAC”), the Generic Names Supporting Organization (“GNSO”), the At Large Advisory Committee (“ALAC”) and the Governmental Advisory Committee (“GAC”) – that have affirmed or hereafter affirm in writing that they agree to be included as participants herein (collectively, the “Names Community”).
The final versions of the IANA IPR agreements are available here: