FW: PWG> Process Document -- IP Section Proposal [re-send]

FW: PWG> Process Document -- IP Section Proposal [re-send]

FW: PWG> Process Document -- IP Section Proposal [re-send]

Farrell, Lee Lee_Farrell at cissc.canon.com
Wed Sep 30 18:20:40 EDT 1998


This is a repeat copy for those of you that did not receive it when the PWG
mail server was having its difficulties...

lee

> -----Original Message-----
> From:	Farrell, Lee 
> Sent:	Friday, September 11, 1998 2:55 PM
> To:	'PWG'
> Subject:	FW: PWG> Process Document
> 
> Before I disappear on vacation for the next two weeks, I thought that I
> should forward the following proposal for consideration.
> 
> It is a suggestion for the PWG Process document -- on the section about
> Intellectual Property.   The material enclosed represents a distillation
> of much of the IP guidelines that have been developed for the TWAIN group
> over the past several months.  Although my corporate headquarters is still
> reviewing and considering some of the specific details, I believe this can
> serve as an adequate draft for consideration by the PWG group.
> 
> If possible, I think it would be useful to add a discussion of the
> proposed material to the agenda for the Savannah meeting.
> 
> ======================================================================
> 
> PWG INTELLECTUAL PROPERTY PROCEDURES
> 
> 
> Purpose: 
> 
> This proposal aims to suggest a detailed IP policy for the Printer Working
> group. The formalization will allow longer periods for discussion of new
> proposals and at the same time, the new proposals will undergo scrutiny
> for compliance with the proposed intellectual property policy. This policy
> supports the creation of multiple specifications and helps developers plan
> for new releases and updates because of the regular release schedule. Much
> of this proposal is taken from the policies of other standards
> organizations so many of the members may already be familiar with the
> language.
> 
> Section 8:  Intellectual property and Confidentiality
> 
> Replace Section 8 by the following:
> 
> Section 8.1 (a) Ownership of IP rights:
> 
> All patents, copyrights, or other intellectual property owned or
> created by any Member, member's affiliate or member's parent company
> ("hereinafter "Member or Associate) outside the PWG or its work within the
> PWG shall remain the property of that Member or Associate thereunder and
> shall not be affected in any way by the Member or Associate's
> participation in the PWG.  
> 
> The PWG may, through its activities, generate intellectual property,
> and license such property to Members and/or Associates  on reasonable and
> nondiscriminatory terms, conditions and prices; provided, however, that
> Members and Associates receive more favorable pricing than non-Members or
> non-Associates. 
> 
> All information and materials, and all copyrights thereto,
> contributed by Members and Associates and their representatives and
> incorporated into a PWG Standard and Specification (here after "the
> Standard") shall be owned by the contributing Member or Associate.  The
> contributing Member or Associate shall grant PWG and its Members and
> Associates an irrevocable royalty free license to use, reproduce, modify,
> distribute and sublicense the copyrighted work(s) incorporated in the
> Standard.
> Notwithstanding the above, any intellectual property independently created
> by a Member or Associate, but not incorporated into a PWG standard, should
> remain the exclusive property of the original owner and
> no mandatory license should be imposed.
> 
> Participants in the standard setting procedure shall disclose any
> known patent or patent application whose use would be required for
> compliance with a proposed PWG standard.  Prior to PWG's approval of the
> proposed standard, the PWG should receive a written patent statement from
> the patent as described below in section 8.1(d).
> 
> 8.1 (b)  Specification Approval and Release Schedule
> 
> In order to allow suitable time for review of new proposals, release of
> PWG specifications will occur on a regularly scheduled time frame, not to
> exceed one year between releases.
> 
> 1. The steering committee will decide upon the appropriate release
> schedule for each specification.
> 
> 2. Proposal deadline: New submissions as proposals are accepted for the
> current specification upto twenty-four weeks prior to the scheduled date
> of release.
> 
> 3. Voting period: Voting on the technical merits will be conducted during
> the twelve weeks immediately before the release date. 
> 
> 4.  Twelve weeks before technical voting will be designated for final
> technical review of the proposals submitted for the current release.
> 
> 5. All members must submit a written patent statement according to section
> 8.1 (d)(6) between the proposal deadline and the commencement of voting
> period.
> 
> 6. Urgent Proposals: If a proposal is made and a simple majority of
> Steering Committee deems the proposal to be urgent, the proposal maybe
> voted upon after a four-week review period. The voting period is two
> weeks. Patent statements must be made between the beginning of the review
> period and the voting period. If the proposal is accepted, an interim
> release of the new specification is made. 
> 
> 8.1 (c ) Intellectual Property Procedures
> 
> The PWG is not in a position to give authoritative or comprehensive
> information about evidence, validity or scope of patents or similar
> rights, but it is desirable that any available information should be
> disclosed. Therefore, all PWG members should, from the outset, draw PWG's
> attention to any Relevant Patents (hereinafter defined) either their own
> or of other organizations including their Affiliates (hereinafter defined)
> that are known to the PWG members or any of their Affiliates, although PWG
> is unable to verify the validity of any such information. 
> 
> "Relevant Patents" means any issued or registered patent, without use of
> which a Proposed PWG Standard cannot be practiced. " Proposed PWG
> Standard" means  each  proposal  to each PWG specification, which proposal
> is submitted to PWG after the date of acceptance of these Procedures
> (hereinafter the Effective Date). "Affiliates or Associates" with respect
> to section 8.1 (c ) means any entity that as of the Effective Date
> directly or indirectly Controls the PWG member or is Controlled by the PWG
> member, so long as such Control exists, where "Control" means beneficial
> ownership of more than fifty percent (50%) of the voting stock or equity
> in an entity.
> 
> 
> 8.1 (d) Patent Statement
> 
> If a Proposed PWG Standard is submitted to the PWG, three different
> situations may arise with respect to the relevant Patents: 
> 
> (1) In the event the PWG Proposed Standard is adopted to become a PWG
> Standard, the patent holder waives his rights under the Relevant Patents
> owned by him and hence, the Proposed PWG Standard is freely accessible to
> everybody; no particular conditions, no royalties due, etc., with respect
> to such Relevant Patents. The PWG Standard means any PWG specifications
> that are officially published by PWG after ___.
> 
> (2) In the event a PWG Proposed Standard is adopted as a PWG Standard, the
> patent holder is not prepared to waive his rights under the Relevant
> Patents owned by him but would be willing to grant licenses to other
> parties on a non-discriminatory basis and on reasonable terms and
> conditions, provided a similar grant under the licensee's patents within
> the scope of the license granted to the licensee is made available. Such
> license grants are left to the parties concerned. 
> 
> (3 ) In the event the Proposed Standard is adopted to become a PWG
> Standard, and the patent holder is not willing to comply with the
> provisions of either paragraph 8.1(d) (1) or (2), in such a case no
> Proposal can be established as a PWG Standard. 
> 
> (4). Whichever option from among paragraphs 8.1(d)(1)(2) or (3)) is
> chosen, any PWG member must provide a written statement to be filed on
> behalf of itself and its Affiliates at the PWG secretariat with respect to
> the Relevant Patents that are owned  by the PWG member or any of its
> Affiliates and known to the PWG member or any of its Affiliates. This
> statement must not include additional provisions, conditions, or any other
> exclusion clauses in excess of what is provided for each case in
> paragraphs 8.1(d) (1), (2) and (3).
> 
> (5) If no Relevant Patents that are owned by the PWG member or any of its
> Affiliates are known to the PWG member or any of its Affiliates, an
> affirmative disclosure to that effect must be submitted before the end of
> the Patent Statement deadline in lieu of the Patent Statement. Any
> Relevant Patents that are owned by the PWG member or any of its Affiliates
> and are found after the Patent Statement deadline are automatically
> subject to either paragraph 8.1(d)(1) or (2) as described above.
> 
> (6) Format of Patent Statement/Patent Notice
> 
> (i) A Patent Statement should be submitted by all the PWG members for each
> item found in case that the Relevant Patents which are known to the PWG
> members and their Affiliates and are owned by the PWG members or their
> Affiliate, providing the following information:
> 
> 1. Proposal Name
> 2. Organization: The organization that holds the patent which could
> include administrations, universities, etc., and its contact address. 
> 3. Tel. No.: The contact telephone number of the organization. 
> 4. Fax. No.: The contact fax number of the organization. 
> 5. Patent Policy and Remarks: The declared patent policy of the
> organization in its communication to the PWG. Most often the patent policy
> is given as "Pat. Policy. 8.1(d)(2)", which would mean that the
> organization subscribes to paragraph 8.1(d)(2) of the PWG bylaws.
> 6. Patent Title: The title of a patent
> 7. Patent Number: The number of the patent. 
> 8. Patent Country: The country in which the patent has been obtained. If
> the patent is held in several countries, a list of those countries is
> given.
> 9. Signature: Signature of an authorized representative of the company.
>               
> (ii) Further, a Patent Notice should be submitted by all the PWG members
> for each item found in case that the Relevant Patents which are known to
> the PWG members and their Affiliates and are not owned nor controlled by
> the PWG members or their Affiliate, providing the following information:
> 
> 1. 	Proposal Name
> 2. 	Organization: The organization that holds the patent which could
> include administrations, universities, etc., and its contact address. 
> 3. 	 Patent Title: The title of a patent
> 4. 	Patent Number
> 5. 	Patent Country: The country in which the patent has been obtained.
> If the patent is held in several countries, a list of those countries is
> given.
> 6. 	Signature: Signature of a representative of the company
> 
> 8.2	Non-Confidentiality.  
> 
> The participation in the PWG by the Members and the Associates and their
> appointed representatives shall be on a non-confidential basis; however,
> the PWG may with the approval of the Board of Directors, wherein such
> approval shall not be unreasonably withheld,  enter into written
> confidentiality agreements with its Members and Associates which restrict
> the dissemination of specified confidential information and/or materials
> provided by any of such Members or Associates to Persons who are not
> Members or Associates.  Confidentiality agreements entered into by the PWG
> shall bind all of the individual Members and Associates.
> 
> 8.3	Infringing Material.  
> 
> The PWG or its individual Members and Associates shall have no liability
> to third parties for any infringement claims with respect to any
> intellectual property licensed from a Member or Associate incorporated
> into thePWG standard. ("Licensed Property").  The Member or Associate
> providing the Licensed Property to the PWG or to other individual Members
> or Associates shall be required to protect and indemnify the PWG and its
> officers, directors, and agents, as well as other Members and Associates
> against such infringement claims arising out of the Licensed Property
> provided, however, that the PWG and all Members and Associates cease using
> such infringing information or material.  Members or Associates shall have
> no liability under Section 8.3 for any claim, suit, or proceeding based
> upon any modification of Licensed Property by the PWG or its Members or
> Associates. 
> 
> ==========================================================================
> ===
> 
> -----Original Message-----
> From: don at lexmark.com [mailto:don at lexmark.com] 
> Sent: Friday, August 14, 1998 10:28 AM
> To: pwg at pwg.org
> Subject: PWG> Process Document
> 
> 
> I have temporarily placed the current process document at:
> 
> ftp://ftp.lexmark.com/pub/ieee/pwg/pwg-process-980814.pdf
> 
> Please review this draft before the Wednesday morning PWG session.  I have
> changed the language about intellectual property and confidentiality as we
> discussed last month.
> 
> As soon as the PWG server is back up, I will place the document on that
> server.
> 
> **********************************************
> * Don Wright                 don at lexmark.com *
> * Product Manager, Strategic Alliances       *
> * Lexmark International                      *
> * 740 New Circle Rd                          *
> * Lexington, Ky 40550                        *
> * 606-232-4808 (phone) 606-232-6740 (fax)    *
> **********************************************
> 
> 



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