|ISO/IEC JTC 1/SC 29 IPR Guidelines|
SC 29 affirms and supports Common Patent Policy for ITU-T/ITU-R/ISO/IEC that requires a party that submits a technology contribution for proposed inclusion in any SC 29 standard to disclose to the WG the existence of patents or published pending patent applications, hereafter referred to as "IP rights", of which the party is personally aware and which the party considers to cover any item of its contribution.
"[Clause 3, Guidelines for Implementatioin of the Common Patent Policy for ITU-T/ITU-R/ISO/IEC] any party participating in the work of the Organizations should, from the outset, draw their attention to any known patent or to any known pending patent application, either their own or of other organizations."
SC 29 affirms the Common Patent Policy for ITU-T/ITU-R/ISO/IEC of only considering for inclusion in a standard (unless the ISO Council authorizes an exception) technology that is either 1) free of IP rights, or 2) available to all implementers of the standard without a royalty or license fee and under other reasonable and non-discriminatory ("RAND") terms and conditions, or 3) available to all implementers of the standard for a reasonable royalty/license fee and under other RAND terms and conditions.
Although royalty-bearing patented technologies may be included in SC 29 standards, SC 29 suggests to its WGs to promote, whenever possible, the inclusion of technologies that either do not require a patent license, or that only require a RAND license without a royalty or license fee. Additionally, SC 29 encourages disclosure by the IP rights holder of the type of licensing under which these IP rights will be made available for conforming implementations of ISO/IEC standards after final publication -- that is either 1) royalty/license fee-free and under other RAND terms and conditions, or 2) reasonable royalty/license fee and under other RAND terms and conditions. Negotiations regarding specific licensing terms and conditions are left to the parties concerned and are performed outside of SC 29. Further, SC 29 requires software and technology contained in any party's contribution to an SC 29 standard to be made available by such party to all members of the SC 29 WG developing such standard, on a royalty- and license fee-free basis, solely for the purpose of testing and developing such standard and only until publication of the standard
- Approved at the 11th SC 29 plenary meeting, 1998-07-13/15, Berlin, Germany (ref. Resolution 14)
- Revised at the 16th SC 29 Plenary meeting, 2003-07-28/30, Trondheim, Norway (ref. Resolution 8)
- Revised at the 20th SC 29 Plenary meeting, 2007-04-30/05-01, San Jose, USA (ref. Resolution 9)