In a blog post published today the CEO of ICANN, Fadi Chehadé announced that ICANN signed an agreement for operate the Trademark Clearing House:
“”I am pleased to announce that we have signed an agreement with Deloitte Enterprise Risk Services to be the first provider of validation services for the Trademark Clearinghouse.”

“As promised, we will be posting that agreement shortly. The terms are in line with what I shared in my last blog entry:

“ICANN retains all intellectual property rights in the Trademark Clearinghouse data. (Note this is as between ICANN and Deloitte. ICANN claims no intellectual property rights with respect to user data.)”

“Deloitte’s validation services are to be non-exclusive. ”

“ICANN may add additional validators after a threshold of minimum stability is met.”

“Trademark submission fees are capped at USD 150 per record per year. Discounts are” available for bulk & multi-year submissions.”

“IBM will charge Deloitte for database access via an application processing interface (API).”

“ICANN may audit Deloitte’s performance (and revenues/costs) to confirm that the costs and fees for validation services are reasonable.”

“I am also pleased to announce that we are making continued progress on negotiations with IBM for the provision of database services. This contract is structured around a master agreement, with separate statements of work to provide for the relevant services. We are now working on the first Statement of Work for the database, and expect to conclude this in the next weeks.

“We expect to negotiate and conclude the second Statement of Work, covering the Sunrise and Trademark Claims services, in January.”

“Here are some highlights based on the current discussions:

IBM will maintain the Trademark Clearinghouse Database.”

“Data will be imported to the Database within three hours of receipt from a Validator.”

“IBM will be available 24 x 7 for high severity incidents impacting the operability of the database.”

“ICANN will receive all intellectual property rights necessary for transition to a new database provider.”

“IBM will charge registries and registrars for real-time access to the database during the sunrise and claims periods.

“The fee structure remains under consideration.

The “Strawman Solution”

As noted in the last blog posting, the “strawman solution” developed during the stakeholder meetings has been posted for public comment, and also sent to the GNSO Council for their input. I understand that this request is on the Council’s agenda for its 20 December 2012 meeting.

We will be awaiting the GNSO’s response, as well as considering and analyzing the comments received on the strawman, to help us determine the appropriate next steps.

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