This document identifies short term actions which IFS 2003 members should be able to achieve, and provides a non-exhaustive list of issues that arise when considering different IPR policies.

Short Term Action Items for Members

1. Expand the cataloging of IPR Policies, including your organization's policies concerning IPR. These may include, but are not limited to, Membership agreements, contracts, trademark policies, copyright policies for either software or documents, and patent policies. Please provide URIs whenever available.
2. Provide the URI/locations for the repositories of IPR information, including patent declarations, trademark declarations, and copyrights.

A non-exhaustive list of IPR issues faced by Standards Setting Organizations (SSO)

This is a list - though not exhaustive - of the different areas one SSO may need to consider when putting together policies related to intellectual property.

Copyright, Trademark, Use of materials (general)

Copyrights

• Document Copyrights
• Software Copyrights
• Copyrights that apply to contributions
• Copyright defense
• Veeck (US Law) Case (citation of standards by govt. agencies)
• Responsibilities of Contributors

Trademarks

• Management of SSO's marks
• Protection of SSO's marks
• Use of other's marks by SSO

Disclaimers and Liabilities

Use of Materials

(what can be done with SSO materials/results)

Patent Policies

Specific Requirements of Policy

Laws which govern the SSO

(Absent clear and precise SSO rules, the default is the country law)

Definition of Terms

(RAND, RF, "Essential claims," reconciliation of differing definitions)

Spectrum of Licensing within SSO

(inter and intra-SSO)

Refusal of Patent Licensing by Patent Holder to implementors

Limited or Irrevocable Grant of Patent License

SSO handling of spoofing claims

Claims by Members of SSO v. non-Members

The loss of the "Gentleman's Agreement"

Role of Disclosures

Refusal to commit to license Patent contributed by non Patent-holder

Implementation

Enforcement