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Intellectual Property Rights Policies of selected
standards developers
Compiled by GTW
Associates January 2010
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Standards Body
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Policy
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Other
Relevant Documents
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Database
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AFNOR |
Legal
information |
Patents:
The use of any invention protected by a patent or certificate of
use within a standard will be a possible source of a posteriori
conflict between the users of the standard and the patent
holder. Consequently, your attention is drawn to your obligation
to declare to AFNOR the existence of any patented
invention described in the standard or required for its
implementation, as soon as you are aware thereof. Where this is
done, AFNOR shall endeavour, where appropriate, to obtain the
holder’s undertaking to grant a licence upon reasonable and
non-discriminatory terms. |
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AIA |
Section
2.6 Patent Policy |
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ANSI
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Section
3.1 ANSI patent Policy - Inclusion of Patents in American
National Standards from ANSI Essential Requirements: Due process requirements for American
National Standards January 2008
Evolution of the
ANSI Patent Policy from 1935
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Guidelines
for Implementation of the ANSI Patent Policy An Aid to More Efficient and
Effective
Standards Development In Fields
That
May Involve Patented Technology
User
Guide for the Patent Database
Intellectual
Property Rights Policy Committee
ANSI
Guidelines on Software in Standards details the
inclusion of normative software in American National Standards
(ANS) when the software is intended to be extracted for use in
implementations of the standard.
ANSI
Guidelines on Embedded Trademark provides guidance on
trademarks, service marks, and certification marks as forms of
intellectual property
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Patent
Letters
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American
Petroleum Institute API |
API
Procedures for Standards Development THIRD
EDITION, MAY 2006 APPROVED BY ANSI, SEPTEMBER 2006 |
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Australia
(Standards Australia)
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6.6.4
Patent Rights STANDARDISATION
GUIDE 006: RULES FOR THE STRUCTURE AND
DRAFTING OF AUSTRALIAN STANDARDS
From 3.7 SG-003
Standards and Other Publications
The rules governing patented items in Standards are
those adopted by ISO and IEC
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SG-003
Standards and Other Publications
Paragraph
3.7 A
Standard does not confer a monopoly on one section of industry
to the detriment of another that can provide an equally
satisfactory article. Nonetheless, on exceptional occasions,
technical reasons may justify inclusion in the Standard of items
or services covered by patent rights. There is no objection in
principle to this, provided that certain rules are adhered
to. |
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| ASTM |
15.
Patents in Standards REGULATIONS GOVERNING ASTM TECHNICAL
COMMITTEES OCTOBER 2009 |
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| Audio
and Video Coding Standard Group of China AVS |
INTELLECTUAL
PROPERTY RIGHTS POLICY
Page
with additional links
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Patent
Disclosure Form
Advisory
Guidelines for Patent Pool License of AVS Standards
Call
for AVS-P2 Essential Patents |
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BSI
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Paragraph 7.7.2
Patents from BS 0-1:2005 BRITISH STANDARD A standard for
standards – Part 1: Development of standards – Specification |
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Canada,
Standards Council of (SCC) |
Paragraph
6.12 CAN-P-1F - Accreditation of
Standards Development Organizations
- June 2008
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Annex
2
CAN-P-1D Accreditation of Standards-Development Organizations
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Consumer Electronics Association CEA |
Section
7.3 of EP-23-M CEA Technology & Standards
Procedures Manual.
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Declaration
Form
CEA
Standards Page |
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| China
Communications Standards Association CCSA |
Intellectual
Property Rights Policy (for trial implementation)
(Adopted by the Council of CCSA on September 13,
2007) |
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CEN
and
CENELEC
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6.6.4
Patent rights For
patented items, the rules given in Annex H
in shall be
followed (see also the ISO/IEC Directives, Part 1,
2001, 2.14 and CEN/CENELEC Guide N°8). Patent
Rights Annex H CEN and CENELEC adopt
the ISO/IEC patent policy
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CEN/CENELEC
Guide 8 CEN-CENELEC Guidelines for Implementation of the
Common IPR Policy (Patents
and Other statutory intellectual property rights
based on inventions) Edition 1 October 2009
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CEN
database
CENELEC
list The declarations themselves can be
accessed on the CENELEC ftp-site (restricted
access).
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DIN
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5.9:
DIN 820 Part 1 "Standards work - Principles"
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ECMA
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Code
of conduct in Patent Matters December 2009
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Patent
statement and Declaration Form
Guidance
notes for use with the
Ecma Code of Conduct in Patent Matters
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EPCglobal
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Section
3 INTELLECTUAL PROPERTY Standards
Development Process Version 1.5
EPCglobal Board Approved February
25, 2009
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Intellectual
Property Policy FAQ’s
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ETSI
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ETSI
Intellectual Property Rights Policy
(Annex 6 of the Rules of Procedure)
ETSI
IPR Web page
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ETSI
Guide on IPRs
ETSI
IPR Licensing Declaration Forms
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Information
on the ETSI IPR Database |
The
Global Platform
Organization
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IPR
policy 3.0
March 2004
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Article
III Bylaws 2009
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GS1
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GS1
MobileCom Intellectual Property Policy
Working Group
Declaration Rev.
17 March, 2009 |
GS1
MobileCom Intellectual Property Policy
FAQ |
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IEEE
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Article
6 Patents IEEE-SA Standards Board Bylaws
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Article
6 IEEE-SA Standards Board Operations Manual
IEEE-SA
Patent Material
IEEE
US DOJ Business Review Letter April 2007
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IEEE-SA
RECORDS OF IEEE
STANDARDS-RELATED PATENTS |
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IETF
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Intellectual Property Rights in IETF Technology
RFC 3979 March 2005
(updated by RFC 4879, "Clarification
of the Third Party Disclosure Procedure in RFC
3979").
Evolution of the IETF Patent Policy
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Guidelines for Working Groups on Intellectual Property Issues
RFC 3669 February 2004
A Code of
Conduct for
Individual Members of the Internet Society January 2003
A
Template for IETF Patent Disclosures and Licensing
Declarations
Title:
Clarification of the Third Party Disclosure
Procedure in RFC 3979
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IETF
Page of Intellectual Property Rights
Disclosures |
| IrDA |
IPR
Policy |
All
submissions of technology for adoption
consideration, and all responses to calls for
patents, shall be on such forms
implementing the rules set forth in this Policy as
the Company shall from time to
time choose to employ. |
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ISO
And
IEC
And
ISO/IEC
JTC1
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ISO/IEC/ITU
policy on patents
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Guidelines
for Implementation of the Common Patent Policy
for ITU-T/ITU-R/ISO/IEC (March 2007)
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ISO
patents database
ISO/IEC
JTC1 Patents Database
IEC
Patents database
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ITU
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ISO/IEC/ITU
policy on patents
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Guidelines
for Implementation of the Common Patent
Policy for ITU-T/ITU-R/ISO/IEC (March 2007)
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ITU/T
Patents Database |
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JEDEC
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JEDEC
Patent Policy
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SECTION
8 Legal Guidelines JEDEC Manual of
Organization and Procedure JM21N
(Revision of JM21M, December 2006) MAY 2008
JEDEC
Patent Policy Home page
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Restricted
to members |
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NRSC |
National
Radio Systems Committee NRSC
Procedures Manual (Adopted on April 5 2007)
7.2.5.1 Patent Policy
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OAsis
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OASIS
Policy on Intellectual Property Rights
May 2009
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Object Management Group
(OMG)
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OMG
Policy Statement Intellectual
Property Rights omg/08-06-03
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Policies
and Procedures
of the OMG Technical Process
pp/09-12-01
Version 2.9 22nd December 2009
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OpenGroup
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The
Open Group Technical Procedures 11 Interface Adoption Criteria
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Open
Mobile Alliance
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OMA
IPR policy |
Open
Mobile Alliance IPR Procedural Guidelines |
Open
Mobile Alliance IPR Declarations |
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Rosettanet
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Intellectual Property rights policy
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SAC
(China) |
Regulations
on Administration of Formulating and
Revising National Standards
Involving Patents” |
GTW
Associates comments on the proposal
December
21 Intellectual Property Watch
Take
Two: China’s Proposed Regulations
For Patent-Involving National
Standards |
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SEMI |
Section
15 Patent and Copyright References
in Standards from Regulations
Governing SEMI Standards Committees |
Guidance
for the Development of SEMI®
Standards and Safety
Guidelines That May Involve
Patentable Technology |
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SCTE
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Article
6.7 Intellectual Property Manual of Organization and Procedure for the
Standards
Program
of
the
Engineering
Committee
The
Society of Cable Telecommunications Engineers
(SCTE)
October
16, 2001 Revised 10/08
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Intellectual
Property Declarations |
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T1
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Section
10 Operating
Procedures for ATIS
Forums and Committees
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Patent
Disclosure Template
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Patent
Statements |
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TIA
|
Intellectual
Property Rights
Policy TIA Engineering Manual
5th Edition October
2009
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Guidelines
to the Intellectual
Property Rights
Policy of the
Telecommunications
Industry Association
Edition 1 March 2005
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TIA
Patent Holder
Statements database |
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UN/CEFACT
(CENTRE
FOR TRADE
FACILITATION AND
ELECTRONIC BUSINESS)
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ECE/TRADE/CEFACT/2006/11
Intellectual
Property Rights
Policy for UN/CEFACT
The policy
describes the rights
and responsibilities
related to
intellectual
property rights for
experts
participating in the
work of UN/CEFACT
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CE/TRADE/CEFACT/2006/11/Add.1
Executive Summary of
the IPR Policy
MANDATE,
TERMS OF REFERENCE
AND PROCEDURES FOR
UN/CEFACT
TRADE/R.650/Rev.4 25
April 2005
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VESA |
VESA
Policy No. 200B
Intellectual
Property Rights
(IPR) Policy
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VESA
Policy No. 235C
Procedure for the
Generation of VESA
Specifications |
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VMEbus
International Trade
Association (VITA) |
VITA
patent Policy
October 2006 |
IMPLEMENTATION
PLAN FOR VITA’S
REVISED PATENT
POLICY December 2006
VITA
US DOJ
Business Review
Letter October 2006
VITA
IPR Home Page |
Restricted
to VITA members: Personal
communication from
Executive Director
11/2009: We
have experienced 6
patent declarations
(with disclosure of
fees and royalties)
since we adopted ex
ante procedures. In
each declaration,
patent holders also
provided a sample
contract. In one
instance, an
objection to certain
terms of a contract
were submitted to
me...Since ex ante
disclosure of terms
and conditions is
somewhat new, we
have chosen to make
the disclosures
available only to
VITA members, and
not to the general
public. We would
like to see a
determination from
the USDOJ before we
make such
information public
(on our website).
This raises an
interesting legal
question: does VITA
have a fiduciary
duty to non-members
to insure that they
receive the same ex
ante terms disclosed
to VITA members? |
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Wi-Fi |
Wi-Fi
Alliance
Intellectual
Property Rights
Policy March 2006 |
Wi-Fi
Alliance IPR
Procedural
Guidelines including
disclosure template
April 2007
Wi-Fi
Alliance Adopter
Membership Agreement
Section 4 Intellectual
Property Rights
October 2006
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W3C
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W3C IPR policy February
2004
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Patent
Policy working group home page Archive
W3C
Patents and
Standards Interest
Group
Procedures
for Launching and
Operating a Patent
Advisory Group (PAG)
and
frequently
asked questions
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