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Subject: FW: Member Review--Draft revised IPR Policy
As mentioned at the recent DSS conference call the OASIS IPR policy has changed which could have implications on DSS (see below for details). Can I ask you to have a look through this for discussion at the next DSS conference call on 9th Aug. Thanks Nick -----Original Message----- From: Scott McGrath [mailto:scott.mcgrath@oasis-open.org] Sent: 09 July 2004 16:16 To: Members@lists.oasis-open.org Cc: ipr-member-review@lists.oasis-open.org; 'Patrick Gannon' Subject: [members] Member Review--Draft revised IPR Policy OASIS Members: On behalf of the OASIS Board of Directors, I am pleased to announce the start of a member review period for a draft of the revised OASIS IPR Policy. The OASIS Board has been working on the IPR policy revisions for over a year, and feels that it is at a stage where we need member review and comment. The current OASIS IPR Policy was developed in 1998, and reflected industry best practices as known at that time. Since then, intellectual property issues, specifically around patent licensing, have become a much more visible part of the standards development process. The Board decided that the IPR Policy should be updated to more closely meet current industry practices and the needs of the OASIS membership. The Board also wanted to clarify some areas of the existing policy based on experience with the policy over the past few years. The primary goal of updating the IPR Policy is to bring OASIS policies in line with common industry best practices and to remove ambiguities and uncertainty that exist in the current policy, while reflecting the interests and concerns of the diverse OASIS membership and its wide range of technical work. The revised IPR Policy is also intended to encourage submissions of technical specifications initiated elsewhere to be brought to OASIS, to encourage formation of new technical specifications and best practice recommendations to be developed by interested parties within OASIS and to encourage adoption of OASIS Standards on a global basis and across industries. The new OASIS IPR Policy addresses issues such as: * Clarifying process and policy ambiguities; * Clarifying member obligations to the OASIS policies; * Clarifying eligibility rules for Individual Members; * Establishing clear licensing commitments and royalty terms for participants in each Technical Committee; * Requiring that licenses be available to implement OASIS Standards and specifications; * Providing a range of licensing modes for TCs appropriate for the breadth of OASIS membership and topics under development; and * Ensuring that appropriate licenses are in place for member prototyping. The draft of the revised IPR Policy and the Transition Policy is being distributed to the OASIS membership for their review and feedback. Your comments on the draft documents will be sent to the Board for their consideration. Proposed changes that the Board accepts will be incorporated into the final documents. As specified in the organization's Bylaws, the OASIS Board of Directors is responsible for all OASIS policies and procedures, and the Board will vote to approve the revised IPR Policy and TC Process. There are three documents associated with this member review: * The document containing the draft revised OASIS IPR Policy is found at http://www.oasis-open.org/apps/org/workgroup/members-only/download.php/7515/ IPR%20Policy-%20Mem%85ne%2025%2C%202004.pdf * The Transition Policy defining how members and TCs will transition to the new IPR Policy is found at http://www.oasis-open.org/apps/org/workgroup/members-only/download.php/7514/ IPR%20Transition%20%85%202004%2006%2025.pdf * A Frequently Asked Questions (FAQ) document explaining the new IPR Policy, the reasoning behind it, and the Transition Policy, is found at http://www.oasis-open.org/apps/org/workgroup/members-only/download.php/7554/ IPR%20Policy%20FAQ.pdf Members should note that while the draft document is fairly complete, there is are instances of alternative wording in the draft IPR Policy. This is at lines 311-315 and 336-340, where the alternative wording deals with the question of bilateral vs. universal reciprocity; the Board would like particular comment on this topic. The language currently states that Obligated Parties MAY ask for reciprocity, so there would appear to be 3 possible choices for reciprocity: bi-lateral, universal, or either type. The member review of the draft of the new OASIS IPR Policy starts on 9 July, and ends on 10 September. I urge you to read and familiarize yourself with the draft, consult with your organization's corporate counsel as appropriate, and submit your comments for consideration by the OASIS Board. You may submit comments to the Board by sending them to ipr-member-review@lists.oasis-open.org. Only OASIS members may submit comments to this address. All of these submissions will be available to the OASIS Board of Directors, and will be reviewed and taken into account when the Board takes final action on the new policy, after the review period closes on 10 September 2004. The Board's IPR Subcommittee also may update the IPR Policy FAQ during this review period, to reflect newly-raised or common concerns. We appreciate your input and your assistance in improving OASIS processes. On behalf of the OASIS Board of Directors, Patrick Gannon President & CEO _______________________________________________________________ This email list is used solely by OASIS for official consortium communications. Opt-out requests may be sent to member_services@oasis-open.org, however, all members are strongly encouraged to maintain a subscription to this list.
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