[cabfpub] Reply: Ballot 157 Adopt version 1.2 of the Intellectual Property Rights Policy

[Ben Wilson]

See my responses inline below:

¢Ù     According to section 4.3 and 4.4, we understanding that only if the
participant submit an Exclusion Notice in accordance with section 4.3, such
notice would be effective upon receipt by the CAB Forum Chair. does this
mean that Chair is the final decision make to such Notice, or that no one
would conduct material examination on such Notice, and once delivered, the
Notice would automatically be effective?

Ben:  Section 4.3 states, ¡°A Participant seeking to exclude Essential
Claims from the CAB Forum RF License in accordance with Section 4.2 must
provide written notice of such intent to the CAB Forum Chair (¡°Exclusion
Notice¡±) within the Review Period, and the Exclusion Notice shall be
effective upon its receipt by the CAB Forum Chair.¡±  This is a ministerial
function of the Chair and no discretion is implied.  In other words,  the
Chair does not have a decision to make.  The Chair is supposed to ensure
that all Exclusion Notices are published here:
https://cabforum.org/ipr-exclusion-notices/.   Then, under Section 7.1, the
Forum is supposed to convene a Patent Advisory Group (PAG) to evaluate
whether the notice asserts an Essential Claim.  Section 7.1 states, ¡°In the
event a patent has been disclosed that may contain an Essential Claim, but
such Essential Claim is not available under CAB Forum RF Licensing, a Patent
Advisory Group (PAG) will be launched to resolve the conflict. The PAG is an
ad-hoc group constituted specifically in relation to the Final Guideline or
Final Maintenance Guideline containing the conflict. A PAG may also be
formed without such a disclosure if a PAG could help avoid anticipated
patent problems.¡±  Prior to this proposed amendment it was too difficult
for a PAG to evaluate assertions of ¡°Essential Claim¡± because Section 4.3
allowed general assertions.  With the proposed amendment to Section 4.3, the
Participant must identify the numbered section of the guideline that they
assert contains an Essential Claim.  That should make it easier for a PAG or
other person to evaluate the Essential Claim.

¢Ú     In 5.1 License Requirements. 

CAB Forum Royalty-Free License shall mean a non-assignable,
non-sublicensable (shall we add ¡°irrevocable¡± here?) license to make, have
made, use, sell, have sold, offer to sell, import, and distribute¡­..

Ben:  Unfortunately, this version of the  IPR Policy has been through legal
review several times already.  This request would have to  be raised during
the next period of legal review.

¢Û     In 8.4 Transfer of Essential Claims

we suggest to add a clause that, "if any obligations for the participant
herein constitutes or may constitute in the future violations to laws of its
nation, the participant shall be exempted from such obligations."

Ben:  Unfortunately, this version of the  IPR Policy has been through legal
review several times already.  This request would have to  be raised during
the next period of legal review.

 

Zhang Yi

 

·¢¼þÈË: public-bounces at cabforum.org <mailto:public-bounces at cabforum.org>
[mailto:public-bounces at cabforum.org] ´ú±í Ben Wilson
·¢ËÍʱ¼ä: 2016Äê1ÔÂ22ÈÕ 6:49
ÊÕ¼þÈË: CABFPub
Ö÷Ìâ: [cabfpub] Ballot 157 Adopt version 1.2 of the Intellectual Property
Rights Policy

 

Ballot 157 - Adopt version 1.2 of the Intellectual Property Rights Policy 

The Patent Advisory Group (PAG) was convened to review potential issues with
the interpretation of the CA/Browser Forum's Intellectual Property Rights
Policy (IPR Policy). The PAG has completed its review of the IPR Policy, and
the PAG recommends that the Forum adopt the attached v. 1.2 of the IPR
Policy. Therefore, the following resolution has been proposed by PAG Chair
Ben Wilson of Digicert and endorsed by PAG members Scott Peterson of Google
and Virginia Fournier of Apple. 

-- MOTION BEGINS -- 

RESOLVED, that effective as of February 15, 2016 (¡°Effective Date¡±) the
CA/B Forum IPR Policy v. 1.2 (the ¡°IPR Policy¡±) in the form attached
hereto as Exhibit A is hereby adopted; and it is 

FURTHER RESOLVED, that the Chair of CA/B Forum and/or his delegates are
hereby authorized to make corrections of any typographical, grammatical or
formatting errors in the IPR Policy and the IPR Agreement (¡°Agreement¡±),
attached hereto as Exhibit B; and it is 

FURTHER RESOLVED, that the IPR Policy shall apply to all CA/B Forum Members
that are CA/B Forum Members on February 15, 2016, as a condition of their
continued Membership in the CA/B Forum; and it is

FURTHER RESOLVED, that Members have 30 days from the Effective Date to sign
the Agreement. A member¡¯s failure to sign and remit the Agreement will
result in a suspension of their membership rights. 

FURTHER RESOLVED, that Members have 60 days from the Effective Date to
comply with the IPR Policy¡¯s disclosure requirements for all previously
enacted Forum requirements.

-- MOTION ENDS -- 

The review period for this ballot shall commence at 2300 UTC on 21 January
2016, and will close at 2300 UTC on 28 January 2016. Unless the motion is
withdrawn during the review period, the voting period will start immediately
thereafter and will close at 2300 UTC on 4 February 2016. Votes must be cast
by posting an on-list reply to this thread. 

A vote in favor of the motion must indicate a clear 'yes' in the response. A
vote against must indicate a clear 'no' in the response. A vote to abstain
must indicate a clear 'abstain' in the response. Unclear responses will not
be counted. The latest vote received from any representative of a voting
member before the close of the voting period will be counted. Voting members
are listed here:  <https://cabforum.org/members/>
https://cabforum.org/members/

In order for the motion to be adopted, two thirds or more of the votes cast
by members in the CA category and greater than 50% of the votes cast by
members in the browser category must be in favor. Quorum is currently nine
(9) members¨C at least nine members must participate in the ballot, either
by voting in favor, voting against, or abstaining. 

 

 

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