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2005-04-05-ccTLD-2
GAC Advice
2005-04-05-ccTLD-2
N/A
Consensus met
2005-04-05-ccTLD-2
Communication
5. Role of ccTLD Registry
5.1 Principles
5.1.1. The ccTLD Registry is a trustee for the delegated ccTLD, and has a duty to serve the local Internet community as well as the global Internet community. Some governments or public authorities may require their agreement before any subcontracting or sub-licensing of the delegation. Where this agreement is given, the government or public authority should notify ICANN.
5.1.2. In performing their functions ccTLD Registries are subject to applicable law.
5.1.3. Any claim of intellectual property right in the two-letter code in itself shall not impede a change of Registry.
5.2 Guidlines
5.2.1. Any intellectual property rights that the ccTLD Registry may have acquired as the result of delegation or which any entity may have acquired as a result of the management, administration or marketing of the ccTLD shall be taken into account and dealt with in accordance with applicable law in the case of a re-delegation. Such rights should not be exercised in a way that unnecessarily impedes re-delegation of a ccTLD Registry decided according to national law or under the circumstances described under clause 7 below.
5.2.2. The ccTLD Registry should work cooperatively with the relevant government or public authority of the country or territory for which the ccTLD has been established, within the legal framework, and in line with appropriate public policy objectives of the government of the country or distinct economy concerned.
5.2.3. The ccTLD Registry, and the Registry’s administrative contact, should be resident or incorporated in the territory and/or jurisdiction of the relevant government or public authority unless formally decided otherwise by the relevant government or public authority. In any event the ccTLD should operate in a way that is consistent with the laws and public policy of the relevant government or public authority.
5.2.4. The ccTLD Registries have the opportunity to participate in the ICANN Policy Development Processes through the Country Code Names Supporting Organisation (ccNSO). The GAC encourages the ongoing extension of the ccNSO’s membership.
5.2.5. In any sub-contracting of the technical operations of the ccTLD Registry or administrative and management functions of the ccTLD, the sub-contract should state that the delegation itself is not reassigned to the sub-contractor. Any reassignment would have to be in accordance with the provisions of Clause 7.