[wilhelmtux-discussion]
[Fwd: WSIS-PCT Digest, Vol 11, Issue 1] i.e. "more on : Microsoft
Quits a U.N. Standards Group"
Claude Almansi
claude.almansi at bluewin.ch
Wed Aug 25 11:08:33 CEST 2004
Hi
I'm forwarding this for those of you who aren't subscribed to the
WSIS-PCT mailing list, and apologising to those who are.
Should it be forwarded to CH-FSFE too? I didn't because of replication.
I've shortened the quoted article of the NYT to the URL and a "teaser",
for copyright reasons, as Wilhelm Tux messages have a public archive.
cheers
Claude
--
Claude Almansi
www.adisi.ch
claude.almansi at bluewin.ch
091 829 04 51
076 401 85 69
-------- Original Message --------
Subject: WSIS-PCT Digest, Vol 11, Issue 1
Date: Wed, 25 Aug 2004 09:12:56 +0200
From: wsis-pct-request at fsfeurope.org
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When replying, please edit your Subject line so it is more specific
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Today's Topics:
1. more on : Microsoft Quits a U.N. Standards Group
(Dr. Francis MUGUET)
2. Re: more on : Microsoft Quits a U.N. Standards Group
(Beatriz Busaniche)
3. Re: more on : Microsoft Quits a U.N. Standards Group
(Richard Stallman)
4. Re: more on : Microsoft Quits a U.N. Standards Group
(Taran Rampersad)
----------------------------------------------------------------------
Message: 1
Date: Tue, 24 Aug 2004 14:28:56 +0200
From: "Dr. Francis MUGUET" <muguet at mdpi.org>
Subject: [Wsis-pct] more on : Microsoft Quits a U.N. Standards Group
To: wsis-pct at fsfeurope.org
Cc: muguet at ensta.fr
Message-ID: <412B3488.3000909 at mdpi.org>
Content-Type: text/plain; charset=ISO-8859-1; format=flowed
Hello
My suggestion is that
our group should take care of the
UN/Cefact problem
that falls within the theme of the group.
But this is a more general issue that is
related to all themes.
So I wonder if the whole CS
should send a request to Karklins so that
all special UN groups that work on matters
related to the WSIS
1/ be made aware of the WSIS recommendations
that are binding them
2/ should report their activities
to the next PrepCom2.
All these points are extremely important,
otherwise one could ask what is the use
of the WSIS.
See you
Francis
--------------------------------------
English/Français ( Article in English only )
Hello,
The activity of the U.N./Cefact falls
clearly within the scope of the WSIS
( Open Standards, Proprietary/Free Software, e-commerce )
and as part of the UN, the work of this
group is bound to respect the WSIS recommendations.
( nonbinding for the states, but compulsory for
all the UN system )
Furthermore, the attendants of WSIS
have every right to examin and
be informed of the activity of this group in
order to assess the implemention of the
WSIS recommendations as part of WSIS
phase II.
This must be asked, not from the governements,
but from the organizers themselves : the UN.
Best regards
Francis
-----------------
Bonjour
Les activités du groupe U.N/Cefact tombent
clairement dans le domaine de compétence du SMSI
( Standards ouverts, logiciels libres, cybercommerce ),
et faisant partie de l'ONU, les travaux de ce groupe
doivent respecter les recommandations du SMSI.
( facultative pour les Etats; obligatoires pour l'ONU
elle-même et son système )
De plus, les participants du SMSI ont le droit d'examiner
et d'être informer des activités de ce groupe aux fins
de mesurer la mise en oeuvre des recommandations du
SMSI, dans le cadre de la phase II du SMSI.
Cette question doit être posée, non aux gouvernements,
mais aux organisateurs eux-mêmes cad : l'ONU
Cordialement
Francis
------------------------------------------------------------------
Source :
http://www.nytimes.com/2004/08/24/technology/24soft.html
August 24, 2004
Microsoft Quits a U.N. Standards Group
By JOHN MARKOFF
AN FRANCISCO, Aug. 23 - Microsoft on Monday withdrew from a United
Nations software standards group for commerce, citing "business reasons."
Earlier this year, Microsoft's participation had created controversy
within the group, which is attempting to define standards for creating a
new generation of Internet services to automate buying and selling
through networks of computers.
[... read the rest at
http://www.nytimes.com/2004/08/24/technology/24soft.html you have to
subscribe to the NYT online edition, but subscription is non-paying -
editing by Claude Almansi]
------------------------------
Message: 2
Date: Tue, 24 Aug 2004 11:08:31 -0300
From: Beatriz Busaniche <busaniche at caminandoutopias.org.ar>
Subject: Re: [Wsis-pct] more on : Microsoft Quits a U.N. Standards
Group
To: "Dr. Francis MUGUET" <muguet at mdpi.org>
Cc: PCT-WG <wsis-pct at fsfeurope.org>, muguet at ensta.fr
Message-ID: <1093356511.1973.46.camel at linux.local>
Content-Type: text/plain; charset=iso-8859-1
El mar, 24-08-2004 a las 09:28, Dr. Francis MUGUET escribió:
> our group should take care of the
> UN/Cefact problem
> that falls within the theme of the group.
completely agree Francis.
could someone follow this?
Saludos!
------------------------------
Message: 3
Date: Wed, 25 Aug 2004 00:40:38 -0400
From: Richard Stallman <rms at gnu.org>
Subject: Re: [Wsis-pct] more on : Microsoft Quits a U.N. Standards
Group
To: "Dr. Francis MUGUET" <muguet at mdpi.org>
Cc: wsis-pct at fsfeurope.org, muguet at ensta.fr
Message-ID: <E1BzpaQ-0005iH-Mn at fencepost.gnu.org>
In May, at a meeting of the United Nations group, the general counsel
for SAP, the German business software firm, announced that his company
would suspend all participation in the organization until the
intellectual property issues had been settled.
The dispute parallels issues raised in a lawsuit brought in the United
States by the SCO Group, a software company, against I.B.M. SCO has
accused I.B.M. of illegally placing software owned by SCO into the
Linux
open-source operating system.
Actually they have little in common. The use of the vague term
"intellectual property" has confused Markoff into seeing a similarity
where there is none.
------------------------------
Message: 4
Date: Wed, 25 Aug 2004 03:15:09 -0500
From: Taran Rampersad <cnd at knowprose.com>
Subject: Re: [Wsis-pct] more on : Microsoft Quits a U.N. Standards
Group
To: PCT-WG <wsis-pct at fsfeurope.org>
Message-ID: <412C4A8D.7050303 at knowprose.com>
Content-Type: text/plain; charset=windows-1252; format=flowed
Beatriz Busaniche wrote:
>El mar, 24-08-2004 a las 09:28, Dr. Francis MUGUET escribió:
>
>
>
>>our group should take care of the
>>UN/Cefact problem
>>that falls within the theme of the group.
>>
>>
>
>completely agree Francis.
>could someone follow this?
>
>Saludos!
>
>
http://www.unece.org/cefact/docum/03cf06rev2_IP%20policy.pdf
11 pages, which I haven't finished reading - but here's the plain text
for those who don't have the capability to use PDF.
Actually, working on the possibility of a new standard to replace this
stuff. =D
-----------------------------------------------------------------------------------------------------------------------
E
Economic and Social
Council
UNITED
NATIONS
Distr.
GENERAL
TRADE/CEFACT/2003/6/Rev.2
30 June 2004
ENGLISH ONLY
ECONOMIC COMMISSION FOR EUROPE
COMMITTEE FOR TRADE, INDUSTRY AND
ENTERPRISE DEVELOPMENT
Centre for Trade Facilitation and Electronic Business (UN/CEFACT)
Item 10 of the provisional agenda
Tenth session, 17-19 May 2004
UN/CEFACT INTELLECTUAL PROPERTY POLICY
Submitted by the UN/CEFACT Bureau*
DRAFT DOCUMENT FOR APPROVAL
The present document is submitted by the UN/CEFACT Bureau for
intersessional approval by
the Plenary with a review time by the Head of Delegations of 30 days.
This revision includes a new section 5 Indemnities that was developped
in cooperation with the
UN/CEFACT Legal Rapporteur and conforms to the recommendation of the
United Nations
Office of Legal Affairs, and an Annex Protocol of Implementation of the
UN/CEFACT IPR
Policy.
Once approved by UN/CEFACT, the document will be published on the web
site as interim
UN/CEFACT IPR policy, pending final approval by the Committee for Trade,
Industry and
Enterprise Development and the UNECE Commission.
GE.04-
TRADE/CEFACT/2003/6/Rev.2
Page 2
Introduction
This document is a revision of the draft IPR policy presented at the May
2004 session of
UN/CEFACT. This version, submitted by the Bureau, was revised by one of
the UN/CEFACT Legal
Rapporteurs (Mr. David Marsh of the United Kingdom) following
discussions with the United
Nations Legal Office (OLA) in New York and the World Intellectual
Property Organization (WIPO)
and has the endorsement of the United Nations Legal Office and the
UN/CEFACT Bureau.
The document includes a new section 5 on Indemnities and an Annex
Protocol for
Implementation of UN/CEFACT IPR Policy.
TRADE/CEFACT/2003/6/Rev.2
Page 3
PROPOSED IPR POLICY
1. About this Policy. The policy described in this document (the
“Policy”) is the complete and
exclusive statement of UN/CEFACT’s Intellectual Property policy, and
applies to and governs all of
UN/CEFACT’s activity moving forward. This Policy supersedes any and all
prior documentation
regarding UN/CEFACT’s intellectual property policy, including, but not
limited to, the intellectual
property language provided in UN/CEFACT’s Open Development Process for
Technical
Specifications and its User Guide. Any revisions to this Policy will be
effective only after: (a) all
UN/CEFACT Members and Participants are notified in writing (such as by
e-mail) of such revisions;
(b) a clear and conspicuous link to the revised Policy (with the
revisions highlighted) is posted on the
home page of the UN/CEFACT website (currently
http://www/unece.org/cefact/); and (c)
Participants are afforded at least thirty (30) days from the date of
receiving notice of such revisions
to withdraw from UN/CEFACT. Any Participant that withdraws from
UN/CEFACT prior to the end
of this thirty (30)-day period will not be subject to the revised
UN/CEFACT Policy.
2. Definitions. Capitalized terms in this Policy shall have the
following meanings:
(a) “Affiliate” means an entity that directly or indirectly controls, is
controlled by, or is
under common control with another entity. Control, for purposes of this
Policy, means direct
or indirect beneficial ownership of more than fifty percent of the
voting stock, or decisionmaking
authority in the event that there is no voting stock, in an entity.
(b) “Contribution” means material that (1) exists in a tangible form of
expression
(including in electronic media), or verbal statements made by a
Participant at a
UN/CEFACT Group meeting that are memorialized in written documentation
within such
Group; and (2) satisfies all the additional criteria for a Contribution
set out in Section 3 of
this Policy, subject to the limitations and qualifications also set out
in Section 3.
(c) “Intellectual Property” means all copyrights and the claims of any
patent or patent
application.
(d) “Group” means a Group formally approved with a mandate and terms of
reference by
the UN/CEFACT plenary.
(e) “Member” means (1) UN/ECE member States; (2) other UN member States;
(3) intergovernmental
organizations; and (4) non-governmental organizations which have
consultative status with ECOSOC.
(f) “Necessary Claims” means claims of a granted patent or [published]
patent application,
excluding design patents and design registrations, that (1) are owned or
controlled by the
contributing Participant now or at any future time; and (2) are
necessarily infringed by
implementing the Contribution as disclosed with particularity in the
Specification.
Necessary Claims do not include (i) any claims that may be contained in
the same patent as
Necessary Claims but are not themselves Necessary Claims; (ii) any
claims that may read on
any portions of any product and any combinations thereof that are not
required for
TRADE/CEFACT/2003/6/Rev.2
Page 4
compliance with the Specification; (iii) any claims that relate to any
enabling technologies
(e.g., semiconductor manufacturing technology, compiler technology,
object oriented
technology, basic operating system technology, computers, networks,
connectivity protocols,
application programs, integrated circuits or the like) not expressly
described in the
Specification.
(g) “Participant” means an individual, association, organization,
corporation, other entity or
Affiliate of such an entity that has formally joined a UN/CEFACT
Permanent or Ad-hoc Group
under the Group’s membership rules. Except as used in Section 6(a),
Participant means the legal
entity on whose behalf an authorized individual acts. For purposes of
Section 6(a), Participant means
the particular individual himself or herself. Under this policy, with
the exception of paragraph 3(a),
contributing non-participants are treated as participants (see paragraph
3(f)).
(h) “Specification” means a technical specification developed by a
UN/CEFACT Group.
Specifications may include (1) business methods and business processes,
or (2) data
structures and data formats that enable such business methods or
business processes, but
shall not include product specifications.
3. Delivery of Intellectual Property to Groups. Each Group must, at the
outset of its work,
carefully define the scope of its work and the expected output. For
purposes of this Policy, a
Participant in a particular Group’s Specification development effort
will be deemed to have made a
Contribution of all Intellectual Property that (i) it owns or controls;
(ii) that relates to a Contribution
that is actually submitted by such Participant to the Group in the
process of developing such
Specification; and (iii) is incorporated into a published final
Specification the Participant being
deemed to have granted an irrevocable royalty free licence under any
applicable intellectual property
rights for the use of the Contribution, subject to the following
limitations and qualifications:
(a) The Participant must have formally joined the project team of a
particular Specification
development effort pursuant to the UN/CEFACT Open Development Process
within a
UN/CEFACT Group approved by the UN/CEFACT Plenary. Subsequent withdrawal
from
the Group by the Participant will have no effect on the Participant’s
obligations under this
Policy; except that if the final output of a Group’s particular
Specification development
effort differs substantially from the expected output that was
documented at the time the
Group commenced, then a Participant (including a Participant that has
previously submitted
a proposed Contribution to such Specification development effort) that
has withdrawn
promptly from a Group prior to final approval of the applicable
Specification will have no
obligations under Sections 3 and 4 of this Policy in connection with
such Specification
provided that the Participant so withdrawing has no Contribution
incorporated in a
Specification. (See also Section 8 of this Policy regarding withdrawal
of a Participant from
UN/CEFACT in its entirety.)
(b) Only business methods and business processes, or data structures and
data formats that
enable the use of a Specification will be deemed a Contribution. Thus,
in no case will patent
claims in granted patents and patent applications that address anything
other than business
methods or business processes, or data structures or data formats used
in a Specification
should be deemed contributed.
TRADE/CEFACT/2003/6/Rev.2
Page 5
(c) No Participant in a Group or Specification development effort is
obligated to contribute
or license (or will be deemed to have contributed or licensed) its
Intellectual Property that is
used in or becomes part of a Specification based on an unauthorized
submission of that
Intellectual Property by another.
(d) Where subject matter is provided as a potential Contribution the
Participant must be
legally competent to grant any necessary licence as specified in this
clause 3 permitting its
use in all jurisdictions or territories in which it holds relevant
intellectual property rights and
warrants that it is unaware of any intellectual property rights held by
third parties that would
restrict its intended use by UN/CEFACT.
(e) No Participant will include computer executable software code in its
Contributions. No
draft or final Specification shall include such computer executable
software code.
(f) A written statement or an oral statement that is memorialized in
writing and which is
submitted to UN/CEFACT or to an UN/CEFACT Group by an individual or
entity that is not
a Participant of UN/CEFACT (“non-Participant”), such as an invited
expert that has not been
approved by a Member, for incorporation into a Specification, shall be
treated as a
Contribution under this clause under this Policy, and such contributing
non-participant shall
be treated as a Participant under this Policy, except for the
requirement in this Section 3(a)
that the Contribution comes from a Participant that has formally joined
a Group.
(g) No Intellectual Property owned or controlled by a Participant, or by
a contributing non-
Participant, will be deemed contributed except as described in this
Section 3, or, where
applicable, in Section 6(c). Further, each Participant in each
Specification development
effort and each contributing non-Participant will retain ownership of
all Intellectual Property
rights that such entity owned prior to participation or contribution and
that may vest in the
course of participation. Except as specifically set forth in this
Policy, Participants and
contributing non-Participants do not grant any licenses to, or otherwise
limit their rights in or
to, their Contributions or any other Intellectual Property.
4. Use of Contributions. In connection with each Contribution, the
contributing Participant agrees
as follows:
(a) Copyright. The Participant grants UN/CEFACT a non-exclusive,
perpetual, irrevocable
royalty-free license under the Participant’s copyright rights in the
Contribution to reproduce,
distribute, perform, display and create derivative works of the
Contribution, solely for the
purpose of creating, implementing, and promoting Specifications.
UN/CEFACT may
sublicense these rights to implementers of Specifications, or otherwise,
as necessary to
advance this purpose.
(b) Patents. A Participant agrees that it will grant to any third party
implementing a
published final Specification that incorporates a Contribution from such
Participant, on
royalty-free and otherwise reasonable and non-discriminatory terms, a
non-exclusive, nontransferable,
world-wide license under any Necessary Claim that reads on such Contribution
TRADE/CEFACT/2003/6/Rev.2
Page 6
to use, make, have made, import, sell and offer to sell, lease, and
otherwise distribute and
dispose of those portions of Specification-compliant products that
implement such
Contribution.
(c) Trade secrets. Participants acknowledge that recipients of
information disclosed in the
context of a Specification development effort will have no obligation to
keep such
information confidential.
(d) Trademarks. No trademark licenses are granted in connection with
UN/CEFACT
participation or the submission of a Contribution.
(e) Warranties. Any and all Contributions are furnished "AS IS" with
respect to this Policy.
Participants do not make any warranties, express, implied, or statutory,
including without
limitation any warranty of merchantability or fitness for a particular
purpose with respect
thereto.
(f) Implementers of Specifications. Any individual or entity, including
those that are not
Members or Participants of UN/CEFACT, may implement a published final
Specification,
provided that the implementer abides by any Participant’s, or any
UN/CEFACT, reasonable
and nondiscriminatory licensing terms that may apply.
5. Indemnities
(a) Each participant shall on condition of being permitted to contribute
to the UN/CEFACT
process, indemnify, defend and hold harmless the United Nations, its
officials, agents, servants and
employees, from and against all or any suits, proceedings, claims and
liability including, but not
limited to, all litigation costs and expenses, based on, arising from or
relating to allegations that the
UN's use of the Contribution made by such participant constitutes an
infringement of any patent,
copyright, trademark, or other intellectual property, provided that this
indemnity shall only be
enforceable if the participant knew or ought to have known when making
the Contribution that the
use of that Contribution could result in a claim of Intellectual
Property infringement.
(b) The UN shall promptly advise the participant who made the
Contribution of any such suits,
proceedings, claims, demands or liability within a reasonable period of
time after having received
written notice thereof, and shall reasonably cooperate with the
Participant (at the Participant's sole
cost and expense) in the defense or settlement thereof, subject to the
privileges and immunities of the
UN. The participant shall have sole control of the defense of any such
suit, proceeding, claim or
demand and of all negotiations in connection with the settlement or
compromise thereof, except with
respect to the assertion or defense of the privileges and immunities of
the UN. The UN shall have
the right to be represented in any suit or proceeding, at its own
expense, by independent counsel of
the UN’s own choosing.
6. UN/CEFACT’s Intellectual Property rights and obligations.
TRADE/CEFACT/2003/6/Rev.2
Page 7
(a) Ownership of Specification Copyrights. UN/CEFACT shall own the
copyright in draft
and published final Specifications, subject to the underlying copyright
rights of the
contributing Participants and other copyright owners.
(b) No charge for Specifications. UN/CEFACT will not charge royalties or
any similar fees
in connection with the implementation or use of Specifications.
7. Disclosure and licensing of Intellectual Property other than in
Contributions.
(a) Ongoing disclosure obligation. If an individual Participant in
UN/CEFACT becomes
aware that the legal entity on whose behalf the individual Participant
is acting (“Represented
Entity”) owns or controls Intellectual Property that would, in the
opinion of such individual,
necessarily be infringed in the course of implementing or using a
published final or draft
Specification (excluding Intellectual Property that has been contributed
in accordance with
this Policy), then the individual Participant or the Represented Entity
must alert the
UN/CEFACT secretariat to this fact (such disclosure obligation shall
endure even after the
end of the review period discussed in Section 6(b)). For purposes of
this Section 6(a),
“awareness” means actual specific knowledge by an individual Participant
who actively
participates in UN/CEFACT meetings of both (1) this disclosure
obligation; and (2) of the
potential infringement of a particular published final or draft
Specification. The
UN/CEFACT secretariat will notify the UN/CEFACT Plenary, and any
affected Groups
under it, of this claim. However, nothing in this Section or anything
else in this Policy
imposes: (i) any positive duty or obligation to search Intellectual
Property portfolios for such
necessary Intellectual Property; or (ii) any licensing obligation on a
Participant or
Represented Entity that discloses such necessary Intellectual Property
prior to the end of the
review period discussed in Section 6(b), although if a Participant or
Represented Entity
chooses, in its discretion, to license such necessary Intellectual
Property, it must do so on
reasonable and nondiscriminatory terms.
(b) Review period. Each Participant shall have the opportunity to review
any draft
Specification (along with all other parties) prior to such draft
Specification being approved
and published as a final Specification. The Participants in the Group
that developed such
Specification will confer and agree upon an amount of time, not less
than thirty (30) days
and not to exceed sixty (60) days, in which the review must be completed
and the date on
which the review will commence. Such review period shall be prominently
announced on
the UN/CEFACT website, and all UN/CEFACT Participants (including those
outside the
Group that developed the draft Specification under review) shall be
informed in writing
(such as by e-mail) about the commencement of such review period. During
the review
period, all Participants shall have an opportunity to: (1) review the
draft Specification; (2)
identify any Intellectual Property owned or controlled by such
Participant (other than
Intellectual Property which such Participant has already contributed to
the Specification
under Section 3) that is either incorporated into such draft
Specification (as the result of an
unauthorized submission or otherwise) or that would, in the opinion of
the Participant,
necessarily be infringed in the course of implementing or using such
Specification; (3) state
the Participant’s intention to license, under reasonable and
non-discriminatory terms, or to
TRADE/CEFACT/2003/6/Rev.2
Page 8
decline to license, the Intellectual Property identified under the
previous subparagraph; and
(4) raise any specific objections to the draft Specification. In the
event any Participant raises
specific objections to a draft Specification in writing, or discloses
its intention not to license
certain of its necessary Intellectual Property, the Group will confer
and attempt to resolve
such objections and issues during the review period. If, after such
review period ends, a draft
Specification is substantially modified, a subsequent review period
shall be conducted, under
the terms of this subsection, before the revised draft Specification is
approved and published
as a final Specification.
(c) Licensing obligation for necessary patent claims not disclosed prior
to the end of the
review period. Failure on the part of a Participant to disclose, either
prior to or during a
review period, any patent claims in its granted patents or [published]
patent applications that
would, in the opinion of such Participant, necessarily be infringed in
the course of
implementing or using the Specification under review, will result in an
obligation by such
Participant to grant licenses under Necessary Claims as if such
infringing portions of the
Specification were “Contributions” made by such Participant under Section 3.
8. Mechanism for accepting royalty-bearing Intellectual Property in
extraordinary
circumstances. If a UN/CEFACT Participant believes that a potential
Contribution would
significantly advance the efforts of that Group but is unwilling to
contribute in accordance with this
Policy, the Participant may invoke the following process. The
Participant can discuss a potential
Contribution with the Group without having the discussion be deemed a
“Contribution” for the
purposes of this Policy, provided that the Participant clearly
identifies the potential Contribution as a
“discussion document: not a Contribution” in writing in advance of the
discussion and has not yet
become a documented Participant in that Group. If the Group decides that
the potential Contribution
is so compelling as to warrant departure from the principle of
royalty-free Contributions as set forth
in this Policy, the Group can recommend this course of action to the
UN/CEFACT Plenary. Upon
such recommendation, the UN/CEFACT Plenary will vote on the matter, and
by majority vote can
choose to accept the Contribution if (a) the UN/CEFACT Plenary believes
that the offered
Contribution is unique, compelling, and necessary; and (b) the
Participant offers the Contribution to
all UN/CEFACT users on reasonable and non-discriminatory license terms.
Any Specification that
includes such a royalty-bearing Contribution will be clearly labelled
accordingly. However, such
“potential Contribution” identified as a “discussion document: not a
Contribution”, would not, in any
case, be deemed a royalty-free Contribution without the consent of the
Participant.
9. Withdrawal of a UN/CEFACT Participant outside the context of a Group.
A Participant may
withdraw from UN/CEFACT at any time by notifying the UN secretariat in
writing of its intention to
withdraw. Withdrawal shall be effective upon receipt of such notice by
the secretariat. To the extent
a Participant is currently a part of a UN/CEFACT Group, the withdrawal
provision of Section 3(a)
shall govern any rights and obligations of such Participant with respect
to the Specification(s) being
developed by such Group. To the extent a Participant is not currently a
part of a UN/CEFACT
Group, any rights and obligations that have arisen with respect to
particular Specification(s) prior to
the effective date of such withdrawal (such as a licensing obligation
arising under Section 6(c) for
failure to disclose necessary patent claims) shall continue in effect
with respect to the particular
Specification(s), even after the Participant’s withdrawal. All rights
and obligations of the
TRADE/CEFACT/2003/6/Rev.2
Page 9
withdrawing Participant other than those specifically referenced in this
Section 8 or in Section 3(a)
shall cease upon such withdrawal.
_____________
TRADE/CEFACT/2003/6/Rev.2
Page 10
ANNEX: Protocol for Implementation of the UN/CEFACT IPR Policy
Introduction
UN/CEFACT (“CEFACT”) IPR Policy (“the Policy”) governs the Contributions
made by
Contributors to the UN/CEFACT process. In order for the Policy to be
valid it must be approved by
the CEFACT Plenary and also by CEFACT’s parent bodies, CTIED and the
UN/ECE Executive.
The Policy regulates the terms on which all Contributions are to be
made. This Protocol sets out
how the Policy is to be established and to be enforceable. It is based
on the fundamental principle
that all Contributions made to the to the development of CEFACT
deliverables will be subject to an
irrevocable royalty free perpetual licence from the Contributors so that
the UN can use those
Contributions in any manner it wishes at its unfettered discretion in
the development of the CEFACT
deliverables. As an integral part of the Policy, Contributors will also
indemnify the UN against any
claim by a third party for infringement of IP rights resulting from the
promulgation of the CEFACT
deliverables if the Contributor knew or should reasonably have known
that the contribution in
question was or might have been infringing.
To implement the new Policy it is necessary that all existing and future
CEFACT Contributors
should clearly accept that their Contributions are made on the basis
that they are subject to the IPR
Policy. In order to ensure this implementation and clear acceptance this
protocol sets out the
appropriate mechanism for achieving such acceptance.
Protocol
For currently existing Contributors to CEFACT it is necessary that all
such Contributors should
confirm that all their Contributions (past and future) will be subject
to and bound by the Policy. To
achieve this, all Heads of Delegation or Rapporteurs shall ensure that
those Contributors whom they
have previously nominated confirm their agreement to the Policy. The
acceptance should be by a
positive statement of compliance but, in the absence of such positive
confirmation, all Contributors
will be deemed, by reason of their continued participation, to accept
the Policy once the Policy has
been approved by the UN/CEFACT Plenary.
New Contributors to the CEFACT Policy shall, as a condition of their
nomination by the appropriate
Head of Delegation or Rapporteur, expressly acknowledge that the Policy
will be binding upon
them. It will be incumbent on Heads of delegation or Rapporteurs to
ensure that the attention of
Contributors is brought to the terms of the Policy. The acceptance of
the Policy shall be
communicated by new nominees to be Contributors to the Secretariat
before their nomination can be
accepted and before they can be permitted to contribute to the CEFACT
process. In addition, all
chairs of virtual and actual CEFACT meetings (including telephone
conferences) shall be required to
provide a notice to Contributors at those meetings reiterating that all
such meeting participation must
be subject to the Policy.
In order further to ensure that all existing or new CEFACT Contributors
are fully aware of the
Policy, the Policy shall be promulgated on the CEFACT website
accompanied by a statement that
IPR assets of whatever nature, whether contributed by Contributors, from
third parties participating
TRADE/CEFACT/2003/6/Rev.2
Page 11
voluntarily or from those other third parties participating through an
MOU or under arrangements
agreed with another organisation can only be made on terms that they are
subject to and bound by
the published CEFACT Policy.
All CEFACT deliverables of any nature, however published, shall be
published subject to a specific
disclaimer that the use of those deliverables by any person must be on
terms that it is accepted that
such use is without any recourse against the UN regardless whether that
use may give rise to any
claim for loss of any nature, direct or indirect, incurred as a result
of adoption or other use of the
deliverable in question. This disclaimer shall also be promulgated
prominently on the CEFACT
website and shall be repeated in all CEFACT publications, however published.
--
Taran Rampersad
cnd at knowprose.com
http://www.knowprose.com
http://www.easylum.net
http://www.worldchanging.com
http://www.fsc.cc
http://www.a42.com
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End of WSIS-PCT Digest, Vol 11, Issue 1
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