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Subject: OASIS IPR policy


Hello UBL TC members,

Among the items that must be sent to OASIS when we submit our
final 1.0 Committee Draft for consideration as an OASIS Standard
is the following:

   9. A statement from the chair of the TC certifying that all
      members of the TC have been provided with a copy of the
      OASIS IPR Policy

Pursuant to this requirement, be advised that the OASIS IPR Policy
can be found at

   http://www.oasis-open.org/who/intellectualproperty.php

You were probably pointed to this IPR policy when you joined
OASIS, but just to make sure that I can submit the statement
called for above, you will find a copy of the current OASIS IPR
policy below.

Jon

==================================================================

OASIS Policy on Intellectual Property Rights (OASIS.IPR)

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.

   1. 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.

   2. The contributor acknowledges that OASIS has no duty to
      publish or otherwise use or disseminate any contribution.

   3. 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).

   4. The contributor represents that contributions properly
      acknowledge major contributors.

   5. 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.

   6. 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.

   7. 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.

   8. 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) OASIS Open (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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