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IPR

Detailed report on the establishment, goals, members, conclusion, and recommendations of the UN/CEFACT IPR Task Team. Emphasizes the need to extend the Code of Conduct, review specifications, and establish ongoing IPR guidelines.

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IPR

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  1. IPR • The IPR Task Team Report • Virginia Cram-Martos • Director • UNECE Trade and Timber Division

  2. IPR Objective • Basic Objective • of UN/CEFACT IPR Policy • To issue Specifications • that can • be implemented • without fees or restrictions

  3. IPR in the UN • This Objective • IS • NOT NEGOTIABLE • Within the UN Context

  4. Mechanisms • Mechanisms for • Achieving the Objective • IPR Policy (ECE/TRADE/CEFACT/2006/11) • Procedures (Trade/R.650/Rev.4) • Open Development Process(Trade/R.650/Rev.4/Add.1/Rev.1) • Code of Conduct(Trade/R.650/Rev.4/Add.2)

  5. Why? • Why was the IPR Task Team set up? • It was set up by the Bureau and the FMG to respond to concerns expressed from within UN/CEFACT about: • Patents • Code of Conduct • Conflicts of Interest • Consequences for Violations

  6. The goals set for the Task Team were to: Foster better understanding of UN/CEFACT IPR Policy; Review input from UN/CEFACT plenary members and participating experts that involve any concerns about the IPR Policy and related good practices and procedures; Report on its work to the Bureau on a timely basis Offer guidance to the Bureau in its consideration of next steps. Goals

  7. Members The task team members included: a. Co-chairs • Bart Schermer, UN/CEFACT Legal Group, Vice Chair • Jeff Kovar, U.S. Mission Geneva, Legal Adviser b. Members • Mr. Philippe Baechtold (WIPO) • Michael Bechauf (SAP) • Bill Coats (White and Case) • Virginia Cram-Martos (UNECE) • Eduardo Gutentag (OASIS and W3C) • Bill Luddy (UN/CEFACT Legal Group) • Pamela Samuelson (Boalt Hall School of Law) • Pat Toufar (UN/CEFACT TBG Vice Chair) • Tom Vinje (Clifford Chance)

  8. Conclusion • The Task Team concludes that the UN/CEFACT IPR policy is adequate, effective, meets or exceeds the protections of other SDOs, and is well-tailored to the requirements of UN/CEFACT.

  9. Recommendations • Extend the Code of Conduct to all participants, and strengthen it in important areas, particularly with respect to the duties of working group chairs and others in leadership positions; • Review and, where useful, re-issue specifications issued before the IPR policy was promulgated for the purpose of ensuring application of the policy; • Disseminate information about the IPR policy and Code of Conduct to participants at every UN/CEFACT Forum; • * Consider promulgating additional guidelines for the implementation of the IPR policy;

  10. Recommendations • Amend the Open Development Process (ODP) to include the specific milestones applicable to IPR disclosure and waiver under the IPR Policy; • Establish a standing IPR Task team to be available to examine on an ongoing basis questions related to IPR and to organize discussions with participants and invited experts; • Establish guidelines for the Bureau for handling the consideration of IPR related inquiries and concerns in a timely manner; • * Consider making available information about dispute resolution mechanisms to address legal disputes between participants

  11. Next Steps • Finalize drafts of revised documents before or at the November UN/CEFACT Forum • Submit revised documents for inter-sessional approval • Confirm willingness of IPR Task Team members to be part of a permanent advisory group

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