<div dir="ltr"><div>Hi Dimitris,</div><div><br></div><div>
Our IPR Policy is not perfect, so it doesn't have a solution for every possible scenario. It was written with a goal of balancing
the interests of IP holders and the Forum membership. From the IPR Policy, "Working Groups will ordinarily not approve a Guideline if they are aware that Essential Claims exist that are not available on RF terms. Members are encouraged to bring to the attention of the applicable Working Group any known patent or pending patent applications of other organizations (Members or non-Members) that might contain Essential Claims." (IPR Policy 2) This means there is an obligation (some might say it is only a moral obligation) on all members (and hopefully notice to anyone else) to alert the Forum of any potential IP conflicts. It is meant to discourage "submarine patents" that stay hidden and are brought out only when someone in the industry starts to implement an Essential Claim in the patent.
</div><div><br></div><div>In the case of the proposed NetSec WG:</div><div><br></div><div>If the Member is a member of the NetSec WG, then they implicitly grant a royalty-free license to the IP. (IPR Policy 3.1)<br></div><div>If the Member is not a member of the NetSec WG, then they could claim that anybody implementing an Essential Claim is infringing on their IP.</div><div>As soon as the Forum is aware of a potential Essential Claim, then a "Patent Advisory Group" will be convened to resolve the situation and "avoid anticipated patent problems". (IPR Policy 7.1)<br></div><div><br></div><div>Notice: This is not legal advice. If you have any further concerns, please consult your attorney. 😁<br></div><div><br></div><div>Ben<br></div><div><br></div><br><div class="gmail_quote"><div dir="ltr" class="gmail_attr">On Fri, Nov 19, 2021 at 4:40 AM Dimitris Zacharopoulos (HARICA) <<a href="mailto:dzacharo@harica.gr">dzacharo@harica.gr</a>> wrote:<br></div><blockquote class="gmail_quote" style="margin:0px 0px 0px 0.8ex;border-left:1px solid rgb(204,204,204);padding-left:1ex">
<div>
<div>On 19/11/2021 12:03 π.μ., Tim Hollebeek
wrote:<br>
</div>
<blockquote type="cite">
<p class="MsoNormal">The problem is that you would forcing IPR
review responsibilities onto a bunch of people who explicitly
tried to avoid it by not joining the working group(s) in
question.<u></u><u></u></p>
<p class="MsoNormal"><u></u> <u></u></p>
<p class="MsoNormal">This is problematic because “IPR review”
isn’t just a review – you’re granting IP rights if you don’t
make a declaration. This is exactly why some companies don’t
join some groups – so they aren’t interested making IP grants or
even disclosures for subject areas they don’t want to
participate in. And I don’t blame them … why do all that work
for no benefit to their company?<u></u><u></u></p>
<p class="MsoNormal"><u></u> <u></u></p>
<p class="MsoNormal">-Tim</p>
</blockquote>
<br>
I naively thought that once an organization is being notified about
a possible IP conflict, they MUST review in order to claim possible
IP rights. Isn't this the process we follow at a specific WG level?
What happens if a Member neglects to review a Maintenance Guideline
and later finds out that they had IP rights that have made it into a
Final Guideline?<br>
<br>
Just curious :)<br>
<br>
<br>
Dimitris.<br>
</div>
</blockquote></div></div>