Intellectual Property Rights (IPR) Policy/Rules

1. Introduction

In no event is any FIPA member or any company (i) required by the IPR Policy/Rules to make any searches for relevant IPRs whether or not owned by it, or (ii) liable for failure to disclose any essential IPRs.

In order to avoid abortive work, the following two provisions cater for where a FIPA member/company becomes aware of an IPR which might prevent a FIPA standard being developed or used.

2. Written Proposals

Where a company submits a written proposal to FIPA for inclusion in a possible FIPA standard, that company must attach an IPR statement in the following form:-

"<company name> (Company) hereby undertakes to FIPA that:

(i) if the Company has IPRs which are or might become essential for third parties to manufacture, sell or operate products or service in conformity with elements derived from the attached submission and included in a standard published by FIPA, the Company will non-discriminatorily grant licences to perform such acts under such IPRs insofar as they are essential for such acts, on fair and reasonable terms; and

(ii) it has or has applied for the IPRs listed which could be relevant to the attached submission and, with respect to these listed IPRs , any licences that are granted pursuant to (i) [shall/shall not]¹ include payment terms.

1. Delete whichever is not applicable."

3. General

Where a FIPA member becomes aware that it has, or might have in the future, licensable IPRs which are or might become essential for third parties to manufacture, sell or operate products or service in conformity with a standard published, or to be published, by FIPA, such member will use its reasonable endeavours to make a timely IPR statement in the following form:-

"<company name> hereby declares that it has or has applied for the following IPRs which are or might become essential for third parties to manufacture, sell or operate products or services in conformity with a standard published or to be published by FIPA and [will not enter into an undertaking to FIPA in respect of such IPRs]¹ [hereby undertakes to FIPA that, if FIPA has published or publishes such standard and insofar as such IPRs are essential for such acts, it will non-discriminatorily grant licences to perform such acts under the IPRs on fair and reasonable terms and conditions which [shall/shall not]² include payment terms.]¹

1. Delete whichever is not applicable.

2. Delete whichever is not applicable."