Common use of Policing and Enforcement of IANA Intellectual Property Clause in Contracts

Policing and Enforcement of IANA Intellectual Property. The IETF Trust shall actively police and monitor third party uses of the IANA Intellectual Property that might constitute infringement, misappropriation or dilution of the IANA Intellectual Property in accordance with its current practices and in a manner consistent with practices in the intellectual property management field utilized for intellectual property of similar kind and value. Each Party shall notify the other Parties of any suspected or threatened third party infringement, misappropriation or dilution of the IANA Intellectual Property that comes to its attention. It is acknowledged by the Parties that, as between the CCG and the Operational Communities, on the one hand, and the IETF Trust, on the other hand, the IETF Trust has the legal right to enforce the IANA Intellectual Property against third parties, and shall at all times act consistently with its obligations under this Agreement in doing so. The IETF Trust will consult with and seek the advice and recommendations of the CCG prior to initiating any enforcement action against a third party regarding the IANA Intellectual Property, and may bring any such enforcement action when it determines that such enforcement is warranted in its reasonable discretion. The allocation of any damage awards or other recoveries resulting from such enforcement actions shall be as set forth in the applicable License Agreement.

Appears in 7 contracts

Samples: Iana Ipr Community Agreement, Iana Ipr Community Agreement, Iana Ipr Community Agreement

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Policing and Enforcement of IANA Intellectual Property. The IETF Trust shall actively police and monitor third party uses of the IANA Intellectual Property that might constitute infringement, misappropriation or dilution of the IANA Intellectual Property in accordance with its current practices and in a manner consistent with practices in the intellectual property management field utilized for intellectual property of similar kind and value. Each Party shall notify the other Parties of any suspected or threatened third party infringement, misappropriation or dilution of the IANA Intellectual Property that comes to its attention. It is acknowledged by the Parties that, as between the CCG and the Operational Communities, on the one hand, and the IETF Trust, on the other hand, the IETF Trust has the legal right to enforce the IANA Intellectual Property against third parties, and shall at all times act consistently with its obligations under this Agreement in doing so. The IETF Trust will consult with and seek the advice and recommendations of the CCG prior to initiating any enforcement action against a third party regarding the IANA Intellectual Property, and may bring any such enforcement action when it deems determines that such enforcement is warranted in its reasonable discretion. The allocation of any damage awards or other recoveries resulting from such enforcement actions shall be as set forth in the applicable License Agreement.

Appears in 2 contracts

Samples: Ipr Community Agreement, Ipr Community Agreement

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Policing and Enforcement of IANA Intellectual Property. The IETF Trust shall actively police and monitor third party uses of the IANA Intellectual Property that might constitute infringement, misappropriation or dilution of the IANA Intellectual Property in accordance with its current practices and in a manner consistent with practices in the intellectual property management field utilized for intellectual property of similar kind and value. Each Party shall notify the other Parties of any suspected or threatened third party infringement, misappropriation or dilution of the IANA Intellectual Property that comes to its attention. It is acknowledged by the Parties that, as between the CCG and the Operational Communities, on the one hand, and the IETF Trust, on the other hand, the IETF Trust has the legal right to enforce the IANA Intellectual Property against third parties, and shall at all times act consistently with its obligations under this Agreement in doing so. The IETF Trust will consult with and seek the advice and recommendations of the CCG prior to initiating any enforcement action against a third party regarding the IANA Intellectual Property, and may bring any such enforcement action when it determines deems that such enforcement is warranted in its reasonable discretion. The allocation IETF Trust shall be entitled to retain all damages andallocation of any damage awards or other recoveries resulting from such enforcement actions actions, after reimbursing from such recoveries shall be as set forth in the applicable Operational Communities for any expenditures made in connection with such enforcement actions (provided that such expenditures are reasonable and pre-approved by the IETF Trust prior to being incurred).applicable License Agreement.

Appears in 1 contract

Samples: Iana Community Agreement

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