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Subject: Re: Trademark Waivers and IPR policy


Thank you, Frederick and Board, for the consideration  and responses given to my comments.

Eduardo Gutentag

On 04/27/2016 07:08 AM, Frederick.Hirsch@us.fujitsu.com wrote:
Eduardo

Earlier you asked some questions regarding the handling of Trademark waivers at OASIS [1]. The OASIS Board IPR Committee discussed your concerns and has shared its findings with the Board of Directors. This message is to share with you and others the outcome of this discussion.

(1) "Regarding this particular case, I am not in complete agreement with the statement that a waiver to a provision in the IPR policy does not constitute in fact a change to the IPR policy. In a very subtle way it does, inasmuch as it establishes a precedent that can be used subsequently to justify other waivers without much discussion."

The Board IPR Committee noted that the OASIS IPR policy specifically anticipates the Board providing a waiver as an exception. It states "except as approved by the OASIS Board of Directors" in the Trademark section 5.3, Item #1 [2]:

"Trademarks or service marks that are not owned by OASIS shall not be used by OASIS, except as approved by the OASIS Board of Directors, to refer to work conducted at OASIS, including the use in the name of an OASIS TC, an OASIS Deliverable, or incorporated into such work."

The Board made it clear in its earlier statement [3] that the CTI  decision is based on specifics, e.g. "The OASIS Board considers this waiver exceptional, in light of the perceived urgency of cybersecurity risks mitigated by the project and the inability of the contributor to immediately transfer the trademarks."

The careful handling of this current exception demonstrates that exceptions can and will be handled thoughtfully, as intended  by the authors of the IPR Policy. This is not to be a general precedent but a specific exception and such future issues would have to be decided on their merit. It is consistent with the IPR Policy.

(2) "While I understand the desire for a quick(er) resolution to this issue so that the Candidate Specification can move forward, perhaps the Board should undertake a review of the IPR policy to address the issue of government owned copyright and trademarks as opposed to commercially owned copyright and trademarks, as well as perhaps providing some parameters for the issuance of waivers."

The Board IPR Committee considered this and decided to take no action, given that waivers should be an exception and treated as such.

Thanks for bringing these questions to our attention.

regards, Frederick

Frederick Hirsch
Chair of the OASIS Board of Directors





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