Intellectual Property Rights
New IPR Policy Effective 12 April 2009:
On 19 December 2008, the Board of Directors of the Open Geospatial Consortium, Inc. adopted a revision to the current Intellectual Property Rights Policy of the Open Geospatial Consortium, Inc., dated 11 July 2007, to clarify the Policy with respect to "defensive termination".
The revised Intellectual Property Rights Policy of the Open Geospatial Consortium, Inc., dated 19 December 2008 went into effect on 12 April 2009. This document includes the Submission of Technology Form.
You may obtain the Transmittal E-mail dated 11 February 2009 by contacting Jeff Burnett at jburnett [at] opengeospatial.org.
The approved revision to the IPR Policy is meant by way of clarification and not as an actual change to either the obligations or the rights of members under the current policy, because defensive revocation clauses are universally regarded as being consistent with "RAND" terms. The reason for making the change at this time is to clarify that the word "perpetual" in the licensing commitment contained in the definition of "License" contained in Section 2 of the OGC IPR Policy, which was not meant to be read to preclude a defensive revocation term. As amended, the definition reads as follows:
"With respect to any Proposed Standard, either (a) an agreement to license Necessary Claim(s) thereunder that are Owned by such Member to any Member or non-Member Implementer, (i) on a nonexclusive, non-transferable, non-sub licensable, worldwide, perpetual AND IRREVOCABLE (EXCEPT AS SET FORTH BELOW) basis, and (ii) on RAND terms, to make, have made, use, reproduce, market, import, offer to sell and sell, and to otherwise distribute implementations of such Proposed Standard or (b) a binding, perpetual AND irrevocable (EXCEPT AS SET FORTH BELOW) commitment, in a form acceptable to OGC, not to assert such Necessary Claim(s) against any Member or non-Member Implementer of such Proposed Standard, but only to the extent that such Necessary Claim(s) is (are) necessary to implement such Proposed Standard; in each case, conditional upon such Proposed Standard becoming a Standard. For the avoidance of doubt, a license clause providing for a right of "defensive revocation" is considered to be a RAND term."
Current IPR Policy effective 1 October 2007 until 12 April 2009:
The Board of Directors of the Open Geospatial Consortium, Inc. adopted the current Policy Regarding Intellectual Property Rights on 11 July 2007. It went into effect on 1 October 2007 after a 60-day notification period to members that started on 1 August 2007.
You will find the Policy at Intellectual Property Rights Policy of the Open Geospatial Consortium, Inc., dated 11 July 2007.
You may obtain the President's Transmittal Letter dated 1 August 2007 that provides a synopsis of the changes to the policy and an overview of the transition plan to it.