[Internal-cg] Update from CWG on IANA IPR

[Alissa Cooper]

FYI

Begin forwarded message:

> From: "Jonathan Robinson" <jrobinson at afilias.info>
> Subject: [CWG-Stewardship] FW: Request for a quote on two tasks
> Date: July 21, 2015 at 2:12:51 PM GMT+2
> To: <cwg-stewardship at icann.org>
> Cc: "'Jonathan Robinson'" <jonathan.robinson at ipracon.com>
> Reply-To: jrobinson at afilias.info
> 
> All,
>  
> Following on from the Client Committee and CWG meetings on 9 July, the quote below was received. The Client Committee has reviewed this quote and now proposes to instruct Sidley to commence with this work as soon as possible.
>  
> Please note that the ICG is moving rapidly towards publication of its work for public comment and, if the CWG is to provide informed and effective input on the “IPR Issue”, we do need Sidley’s input and advice to us as soon as possible.
>  
> Thank-you,
>  
>  
> Jonathan & Lise
>  
> From: Flanagan, Sharon [mailto:sflanagan at sidley.com] 
> Sent: 18 July 2015 09:33
> To: cwg-client at icann.org; Jonathan Robinson; 'Lise Fuhr'; Grace Abuhamad; Marika Konings
> Cc: Gregory, Holly; Hofheimer, Joshua T.
> Subject: RE: Request for a quote on two tasks
>  
> Dear All,
>  
> With respect to Item #1 below, we would expect the stress test and assessment of the IPR issue under the three scenarios below would require approximately $35,000-40,000 of legal work.  This would be for our analysis and review and would not include time spent on follow up calls or iterations of the document.
>  
> Please let us know if you have any questions.
>  
> Best regards,
> Sharon
>  
> SHARON FLANAGAN
> Partner
> 
> Sidley Austin LLP
> +1.415.772.1271
> sflanagan at sidley.com
>  
> From: Lise Fuhr [mailto:lise.fuhr at difo.dk] 
> Sent: Tuesday, July 14, 2015 6:58 AM
> To: Flanagan, Sharon
> Cc: Jonathan Robinson; Grace Abuhamad; Marika Konings; cwg-client at icann.org
> Subject: Request for a quote on two tasks
>  
> Dear Sharon,
>  
> As we talked about during the Client Committee call last Thursday, we have discussed with the CWG Sidley's eventual advice regarding two issues – IPR and a matrix of the bylaws. The CWG agreed to request Sidley to give an estimate of the hours needed in order to perform the two tasks:
> 
> 1.      IPR - To conduct a stress-test approach regarding the IANA IPR issue. This includes four aspects:
> 
> a.  Sidley should consult with ICANN Legal in order to obtain further insight and background to the IPR issue. This can be done with the involvement of other members of the CWG – like the Client Committee. Furthermore CWG is considering involving other communities in this fact-gathering exercise.
> 
> b. There appear to be three possible scenarios. IANA’s IPR either:
> (i) stays with ICANN; (ii) goes to PTI; or (iii) goes into trust (IETF, mutual trust).
> 
> c. What risks exist with each approach from a CWG-Stewardship perspective. These need to be evaluated in view of ICANN's position and the proposal from the other communities to determine what is optimal and/or acceptable. 
> 
> d. There are 3 trademarks involved: (i) "Internet Assigned Numbers Authority," (ii) "IANA", and (iii) the IANA Logo, which consists of IANA in stylized letters plus Internet Assigned Numbers Authority.
>  
> 
> 2.      Matrix of the ICANN bylaws:
> 
> Create a matrix to help determine where the bylaws that are needed in relation to the CWG proposal belong.  Identify which bylaws Sidley would suggest that the CWG should draft (be in charge of having drafted), and which bylaws drafted by the CCWG need to be signed off by the CWG. There will be a part of the bylaws that are being prepared by the CCWG that have no direct relationship to the CWG's work and these constitute a third category.
>  
> After receiving the quote, the Client Committee will evaluate the estimates of the two tasks and get back to you.
>  
> If you have any questions, please do not hesitate to get back to me.
>  
> Best regards,
>  
> Lise
>  
> 
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