RE: Use of contributed IPR in conducting tests of partial and draft specifications

[James Bryce Clark <jamie.clark@oasis-open.org>]

    Ugo, you've raised some detailed questions which
perfectly demonstrate my point that everyone needs to consult their
own experts regarding the rules, and their application to a
particular circumstance.  In any individual case, rules may also
interact with other duties created by trade practice or law, depending on
a member's particular situation.
    Let me caution you that perfect assurance
probably is not a feasible goal.  No rule can fix the fact that it's
always possible for some parties, such as unknown non-OASIS members, to
assert patents or other claims at any time.  Unfortunately, the
current patent laws of many jurisdictions permit filings and claims that
are hard to discover and hard to assess.  That risk is a cost of
doing business in our arena. 
    If you see areas where our rules do not provide
adequate clarity, disclosure or coverage for your needs, I encourage you
to call them to our attention, so that we can provide feedback to our
Board of Directors.  Our Board sets the OASIS IPR Policy.  I
understand that they are reviewing the rules, and would probably welcome
constructive feedback. 

At 03:46 PM 11/12/2003, you wrote:
> Hi
> Jamie,
> Just a point of clarification.  * *
> *  

Regards  Jamie

~   James Bryce Clark
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