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

    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
~   Manager Tech Stds Dev, OASIS
~   +1 978 667 5115 x 203 central office
~   +1 310 293 6739 direct

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