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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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