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Intellectual Property Rights Policy Mark Palmer – Vice Chair 24 May 2006

DRAFT / Version 0.1. UN/CEFACT. Intellectual Property Rights Policy Mark Palmer – Vice Chair 24 May 2006. U NITED N ATIONS C ENTRE F OR T RADE F ACILITATION A ND E LECTRONIC B USINESS United Nations Economic Commission for Europe. Background.

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Intellectual Property Rights Policy Mark Palmer – Vice Chair 24 May 2006

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  1. DRAFT / Version 0.1 UN/CEFACT Intellectual Property Rights Policy Mark Palmer – Vice Chair 24 May 2006 UNITED NATIONS CENTRE FOR TRADE FACILITATION AND ELECTRONIC BUSINESS United Nations Economic Commission for Europe

  2. Background • Plenary established IPR Special Contact Group • reviewed other SDOs IPR policies • established fundamental principles • editing team circulated drafts for comment • 11th Plenary approved IPR principles • reviewed and commented on draft IPR policy • Draft policy sent to UN Office of Legal Affairs (UN OLA)

  3. Recent Progress • IPR policy APPROVED by UN OLA • May 2006 • addition of disclaimer • IPR SCG updated the IPR documents • Bureau distributed IPR Policy and Executive Summary to HoDs

  4. Overview of IPR Policy • Goal: Promote UN/CEFACT standards without burden of fees or restrictions • Five key principles • Waiver • Disclosure • Exception Handling • Warranty • Disclaimer

  5. Waiver Obligation • All participants in a Forum Group waive their rights to enforce intellectual property (IP) necessary to use specifications from that Forum Group. • The waiver is limited – applies only to implementations of the specification; all other rights are reserved. • Waiver required as a condition to participate in a Forum Group.

  6. Disclosure Obligation • Waiver may be avoided only if the participant discloses the relevant IP at designated steps in the development process. • Disclosure is made by participant’s individual representative based on his/her knowledge. No duty to conduct extensive IPR search. • Enforcement of IP is waived if not disclosed.

  7. Exception Handling • Applies when a participant discloses IP • Intellectual Property Advisory Group (IPAG) is formed to consider the IP at issue and to select one of the recommendations outlined in the IPR Policy.

  8. Warranties • Every participant warrants that to the best of its representative’s knowledge no third party contends that the participant’s contributions to a specification infringe that third party’s IP. • There are no other warranties. • There are no indemnities.

  9. Completing the UN/CEFACT Adoption • Plenary approval • principles in IPR policy approved at 11th Plenary • only minor edits to policy reviewed at 11th Plenary • Apply the policy to UN/CEFACT operations • procedures for all Forum Group participants to sign waiver • inform all participants and individuals • include in relevant documents • Send for information to the Com. on Trade and Executive Com.

  10. Completing this Task • Plenary approval • principles in IPR policy approved at 11th Plenary • only minor edits to policy reviewed at 11th Plenary • Apply the policy to UN/CEFACT operations • procedures for all Forum Group participants to sign waiver • inform all participants and individuals • include in relevant documents

  11. UN/CEFACT SIMPLE, TRANSPARENT AND EFFECTIVE PROCESSES FOR GLOBAL BUSINESS.

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