Policy of Intellectual Property Rights (IPRs)

Article 1     IPEC attaches great importance to and respects the legal rights and interests of IPR owners, and encourages the establishment of an open, transparent, and predictable IPR environment to promote the standardization and industrialization of relevant domains.

Article 2     In principle, IPEC does not object to adopting a technical solution protected by patent rights in the IPEC Specifications. However, IPEC will consider the necessity and rationality of the patented technology in the IPEC Specifications from the perspective of technology, and the possible impact of the patented technology on the application of the corresponding standard in the industry.

Article 3     IPEC will not engage in relation to any patent licensing. Patent licensing shall be settled by the patent holder and the entity applying IPEC Specifications through negotiation at their own discretion. Any dispute arising from the implementation of IPEC Specifications that involves patent issues shall be settled between the patent holder and the entity applying IPEC Specifications and submitted to pertinent arbitration institutions.

Article 4     IPEC encourages Members to disclose as soon as possible their and their Affiliates’ patent (application) information that is relating to IPEC Specifications; however, this does not mean that Members are obliged to search and analyze such patents. Nothing in this Policy shall serve to transfer title or ownership in any intellectual property rights or any derivative works thereof owned or created by one Member to another Member.

Before each working group meeting and before approving proposed IPEC Specifications, IPEC will call for patent information disclosure and collect relevant patent information

The patent information to be disclosed by Members shall include:

(1)  Patent application number or patent authorization number;

(2)  Patent name and abstract.

(3)  Reservations (if any) as regards the licensing in accordance with Article 5 paras (1) or (2).

If a Member does not make an express reservation (be it when disclosing patent information or during the working group meeting), said Member shall be deemed to agree to license the patent that relates to proposed IPEC Specifications in accordance with Article 5 paras (1) or (2) below.

If a Member does not disclose or invoke its or its Affiliates’ patent(s) that is (are) relating to proposed IPEC Specifications, said Member shall be deemed to, and shall, license the patent(s) that cover(s) such IPEC Specifications in accordance with Article 5 paras (1) or (2) below.

Article 5    Members and their Affiliates shall submit to IPEC a patent license declaration with regard to each of their Necessary Claims. A Necessary Claim is a claim of a patent or patent application that is necessarily infringed by the implementation of required elements of an IPEC Specification. Such a license declaration shall express and confirm one of the following commitments or a refusal:

(1)      The willingness and undertaking to license to any Party that implements the IPEC Specifications a right to use its patent free of charge;

(2)      The willingness and undertaking to license to any Party that implements the IPEC Specifications a right to use its patent under fair, reasonable, and non-discriminatory (hereinafter referred to as “FRAND”) conditions; or

(3)      The refusal to grant a patent license in (1) or (2) of this article.

Article 6     If a non-Member holds a Necessary Claim, and this came to IPEC’s attention, the Secretary shall, on behalf of the Board, ask said non-Member to submit the corresponding patent license declaration.

If a patent holder refuses to grant a patent license, or refuses to license a patent under the principle of FRAND, the Secretary shall call up the Consultant Committee to seek a solution, or take other effective approaches to resolve the problem.

Article 7     The patent license declaration and commitments submitted to IPEC are irrevocable. If a Member or its Affiliates transfer the ownership of any patent including Necessary Claims that implement the IPEC Specifications, any and all of their declarations, commitments, and related obligations under IPEC rules and policies shall be included into the transfer contract so that the patent assignee shall be bound to continue to observe and fulfill the patent license declarations, commitments, and related obligations under IPEC rules and policies.

Article 8    A Member submitting technical proposals, (technical) reports, white papers, and other documents shall license, and be deemed to license, irrevocably, perpetually, globally, free of charge, non-exclusively, and no strings attached, to IPEC and the Consultant Committee, the Secretariat, and working groups of IPEC, the right to use any such submission and any copyrights therein for the purposes of developing, releasing, and promoting relevant technical standards.

Article 9    The copyright in the standards, published reports, white papers, and other outputs formulated by IPEC or the Consultant Committee, the Secretariat, and working groups of IPEC shall be owned by and vest in IPEC. The copyright of standards approved and promulgated by the standard approval authority shall vest in said approval authority.

IPEC shall, irrevocably, perpetually, globally, free of charge, non-exclusively, and no strings attached, permit its Members and their Affiliates to use the works to which IPEC has the copyright.

Article 10     To support widespread use of the IPEC Specifications after initial publication, the Members may not oppose to unrestricted use, reproduction and distribution of the IPEC Specifications. The Members may, however, request attribution of authorship to the IPEC Specification if and to the extent the contributed to them. Member shall and may distribute the IPEC Specifications only under terms that prohibit the affixing of the Trademark (as defined below) or the claiming of compliance with the IPEC Specifications unless all Compliant Portions contemplated by the Specification are included and complied with.

Article 11     No Member shall assert against IPEC or any other Member any trademark, trade name or similar rights they may have now or hereafter in the name “the International Photonics & Electronics Committee” (“Trademark”), it being understood that the adoption and procedures associated with the authorized use of such Trademark, name or logo shall be agreed upon by more than half voting by the Directors present at a Board meeting. If a Member creates or asserts trademarks or trade name rights or related logos to be used in conjunction with an IPEC Specification, it shall be responsible to agree beforehand with IPEC and relevant Members at least the following:  the clearance for use, nature of ownership, licensing and registration of such name or logo, all this prior to adoption. In order to adopt a new name or logo in connection with an IPEC Specification, the Member proposing a new name or logo shall transmit the proposed name or logo to the other Members for comments regarding any claimed rights in such new name or logo. Such proposed new name or logo shall be subject to approval by at least two-thirds of the Directors present at the Board meeting as a condition precedent for adoption. The Members will have no less than forty-five (45) days’ notice to review the new name or logo proposal.

Article 12     No Member shall be obliged to use any Trademark on any product, advertising, or on any other material in any manner.