OASIS.IPR.1. General Policy In all matters of intellectual
property rights and procedures, the intention is to benefit the public at
large, while respecting the legitimate rights of others.
OASIS.IPR.2 Confidentiality Obligations No contribution that
is subject to any requirement of confidentiality or any restriction on its
dissemination may be considered in any part of the OASIS Standards
Process, and there must be no assumption of any confidentiality obligation
with respect to any such contribution. No submission should be made on the
basis of an assumed confidentiality obligation or restriction on
dissolution.
OASIS.IPR.3. Rights and Permissions In the course of
standards work, OASIS receives contributions in various forms and from
many persons. To best facilitate the dissemination of these contributions,
it is necessary to understand any intellectual property rights (IPR)
relating to the contributions.
OASIS.IPR.3.1. All Contributions By submission of a
contribution, each person actually submitting the contribution is deemed
to agree to the following terms and conditions on his own behalf, on
behalf of the organization (if any) he represents and on behalf of the
owners of any proprietary rights in the contribution. Where a submission
identifies contributors in addition to the contributor(s) who provide the
actual submission, the actual submitter(s) represent that each other named
contributor was made aware of and agreed to accept the same terms and
conditions on his own behalf, on behalf of any organization he may
represent and any known owner of any proprietary rights in the
contribution.
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Some works (e.g. works of the U.S. Government) are not subject to
copyright. However, to the extent that the submission is or may be
subject to copyright, the contributor, the organization he represents
(if any) and the owners of any proprietary rights in the contribution,
grant an unlimited perpetual, non-exclusive, royalty-free, world-wide
right and license to OASIS under any copyrights in the contribution.
This license includes the right to copy, publish and distribute the
contribution in any way, and to prepare derivative works that are based
on or incorporate all or part of the contribution, the license to such
derivative works to be of the same scope as the license of the original
contribution.
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The contributor acknowledges that OASIS has no duty to publish or
otherwise use or disseminate any contribution.
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The contributor grants permission to reference the name(s) and
address(es) of the contributor(s) and of the organization(s) he
represents (if any).
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The contributor represents that contributions properly acknowledge
major contributors.
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The contributor, the organization (if any) he represents and the
owners of any proprietary rights in the contribution, agree that no
information in the contribution is confidential and that OASIS and its
affiliated organizations may freely disclose any information in the
contribution.
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The contributor represents that he has disclosed the existence of any
proprietary or intellectual property rights in the contribution that are
reasonably and personally known to the contributor. The contributor does
not represent that he personally knows of all potentially pertinent
proprietary and intellectual property rights owned or claimed by the
organization he represents (if any) or third parties.
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The contributor represents that there are no limits to the
contributor's ability to make the grants, acknowledgments and agreements
above that are reasonably and personally known to the contributor.
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By ratifying this document, OASIS warrants that it will not inhibit
the traditional open and free access to OASIS documents for which
license and right have been assigned according to the procedures set
forth in this section. This warrant is perpetual and will not be revoked
by OASIS or its successors or assigns.
OASIS.IPR.3.2. OASIS Specifications
(A) |
Where any patents, patent applications, or other proprietary
rights are known, or claimed, with respect to any specification
developed within the OASIS process, and are formally brought to the
attention of the OASIS Board of Directors, the OASIS Board of
Directors shall not advance the specification without including in
the document a note indicating the existence of such rights, or
claimed rights. Where implementations are required before
advancement of a specification, only implementations that have, by
statement of the implementors, taken adequate steps to comply with
any such rights, or claimed rights, shall be considered for the
purpose of showing the adequacy of the specification. |
(B) |
The OASIS Board of Directors disclaims any responsibility for
identifying the existence of or for evaluating the applicability of
any claimed copyrights, patents, patent applications, or other
rights, and will take no position on the validity or scope of any
such rights. |
(C) |
Where the OASIS Board of Directors is formally notified of
rights, or claimed rights under (A), the OASIS Executive Director
shall attempt to obtain from the claimant of such rights a written
assurance that upon approval by the OASIS Board of Directors of the
relevant OASIS specification(s), any party will be able to obtain
the right to implement, use and distribute the technology or works
when implementing, using or distributing technology based upon the
specific specification(s) under openly specified, reasonable,
non-discriminatory terms. The technical committee proposing the use
of the technology with respect to which the proprietary rights are
claimed may assist the OASIS Executive Director in this effort. The
results of this procedure shall not affect advancement of a
specification through the OASIS process, except that the OASIS Board
of Directors may defer approval where a delay may facilitate the
obtaining of such assurances. The results will, however, be recorded
by the OASIS Executive Director, and made available. The OASIS Board
of Directors may also direct that a summary of the results be
included in any OASIS document published containing the
specification. |
OASIS.IPR.3.3 Determination of Reasonable and Non-discriminatory
Terms The OASIS Board of Directors will not make any explicit
determination that the assurance of reasonable and non-discriminatory
terms for the use of a technology has been fulfilled in practice. It will
instead use the normal requirements for the advancement of OASIS
specifications to verify that the terms for use are reasonable.
OASIS.IPR.4. Notices
(A) |
OASIS specifications shall include the following notice:
"OASIS takes no position regarding the validity or scope of
any intellectual property or other rights that might be claimed to
pertain to the implementation or use of the technology described in
this document or the extent to which any license under such rights
might or might not be available; neither does it represent that it
has made any effort to identify any such rights. Information on
OASIS's procedures with respect to rights in OASIS specifications
can be found at the OASIS website. Copies of claims of rights made
available for publication and any assurances of licenses to be made
available, or the result of an attempt made to obtain a general
license or permission for the use of such proprietary rights by
implementors or users of this specification, can be obtained from
the OASIS Executive Director." |
(B) |
OASIS encourages all interested parties to bring to its
attention, at the earliest possible time, the existence of any
intellectual property rights pertaining to OASIS specifications. For
this purpose, each OASIS specification shall include the following
invitation:
"OASIS invites any interested party to bring to its attention
any copyrights, patents or patent applications, or other proprietary
rights which may cover technology that may be required to implement
this specification. Please address the information to the OASIS
Executive Director." |
(C) |
The following copyright notice and disclaimer shall be included
in all OASIS specification-related documentation:
"Copyright (C) The Organization for the Advancement of
Structured Information Standards [OASIS] (date). All Rights
Reserved.
This document and translations of it may be copied and
furnished to others, and derivative works that comment on or
otherwise explain it or assist in its implementation may be
prepared, copied, published and distributed, in whole or in part,
without restriction of any kind, provided that the above copyright
notice and this paragraph are included on all such copies and
derivative works. However, this document itself may not be modified
in any way, such as by removing the copyright notice or references
to OASIS, except as needed for the purpose of developing OASIS
specifications, in which case the procedures for copyrights defined
in the OASIS Intellectual Property Rights document must be followed,
or as required to translate it into languages other than English.
The limited permissions granted above are perpetual and will
not be revoked by OASIS or its successors or assigns.
This document and the information contained herein is
provided on an "AS IS" basis and OASIS DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY THAT
THE USE OF THE INFORMATION HEREIN WILL NOT INFRINGE ANY RIGHTS OR
ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE." |
(D) |
Where, pursuant to a notification under this Policy, the OASIS
Board of Directors is aware at the time of publication of
proprietary rights claimed with respect to an OASIS specification,
or the technology described or referenced therein, such
specification shall contain the following notice:
"OASIS has been notified of intellectual property rights
claimed in regard to some or all of the contents of this
specification. For more information consult the online list of
claimed rights."
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