This excerpt comes directly from the Kantara Initiative IPR Policies. In the case that there is any discrepancy between this page and the policy the authority always rests with the approve policy HERE
(Can be used for development of Technical Specifications or other output of a Work Group)
“Circulation Draft Technical Specification” shall mean a draft or release of a Draft Technical Specification circulated to the Participants after the Initial Draft Technical Specification and before the Final Draft Technical Specification. No IPR Review Period is associated with a Circulation Draft Technical Specification.
“Draft Technical Specification” shall mean a document in draft or non-final form being worked on by a Work Group prior to adoption by the Members as an Organization Recommendation Technical Specification that contains a set of technical criteria (including reference to existing specifications and protocols).
“Final Draft Technical Specification” shall mean a Draft Technical Specification formally submitted to the Membership for adoption. An IPR Review Period is associated with a Final Draft Technical Specification.
"Fully Compliant Implementation" shall mean: (a) an implementation of a Organization Recommendation Technical Specification which supports or implements all of the portions of that Organization Recommendation Technical Specification defined by that Organization Recommendation Technical Specification as being "Required"; or (b) an implementation of an optional portion of a Organization Recommendation Technical Specification or optional Organization Recommendation Technical Specification which supports all portions defined by that optional portion of the Organization Recommendation Technical Specification or that optional Organization Recommendation Technical Specification as being
"Required"; and, in each instance, (c) an implementation of all portions of a Organization Recommendation Technical Specification required for a specific type of product or component thereof.
“Initial Draft Technical Specification” shall mean the first draft or release of a Draft Technical Specification circulated to the Participants. An IPR Review Period is associated with an Initial Draft Technical Specification.
“IPR Review Period” shall have the meaning set forth in Section 5.1.
"Necessary Claims" shall mean those claims of all patents, pending patent applications and utility models, regardless of when issued or effective, under which a party, or its Subsidiaries has the right to grant licenses of the scope contemplated herein, all to the extent and only to the extent that the party, or its Subsidiaries, has the right to grant such licenses as of the date of any license to be entered into with the other party(ies) as contemplated in Section 4.1, and which are necessarily infringed by a Fully Compliant Implementation of a specific Organization Recommendation Technical Specification approved by the Members, where such infringement could not have been avoided by another technically feasible non-infringing implementation of such Organization Recommendation Technical Specification. Notwithstanding the foregoing sentence, Necessary Claims do not include any claims other than those set forth above even if contained in the same patent as Necessary Claims.
“Review Draft Technical Specification” shall mean a draft or release of a Draft Technical Specification circulated to the Participants after the Initial Draft Technical Specification and before the Final Draft Technical Specification. An IPR Review Period is associated with a Review Draft Technical Specification.
"Subsidiary" of a party hereto or of a third party shall mean a corporation, company or other entity:
Each Participant hereby grants to each other Participant a limited, irrevocable, non-exclusive, worldwide, no-fee, royalty-free right and license of such Participant’s Licensed Materials and under any of the Participant’s claims that would be Necessary Claims if the Licensed Materials were included in an Organization Recommendation Technical Specification solely to conduct the work of the Work Group up to the point at which the Members approve (or reject) a Final Draft Technical Specification recommended by the Work Group in question.
Each Participant hereby grants to all other Participants an irrevocable, perpetual, non-exclusive, worldwide, paid-up copyright license to reproduce, display, perform, prepare and have prepared derivative works based upon, distribute and sublicense its Licensed Materials included in the specific Organization Recommendation and derivative works thereof, including the right to authorize Subsidiaries to do any, some or all of the foregoing, and including under any copyright interest such Participant holds in the Organization Recommendation that is distinct from its copyright interest(s) in the Licensed Materials included in such Organization Recommendation; provided, however, that each Participant acknowledges that the Kantara Initiative seeks to act as the steward for defining and revising Organization Recommendations, and no Participant shall take any actions under the foregoing license, including but not limited to granting sublicenses to third parties, that would be inconsistent with this intention. The parties hereto acknowledge that works created by employees of the Federal Government are not subject to copyright protection within the United States and may be copied or used by interested parties.
4.1 If and to the extent a specific Organization Recommendation Technical Specification includes any Licensed Materials or is subject to any Necessary Claims of a Participant, the Participants grant licenses as follows:
5.1 During the IPR Review Period, each Participant shall disclose to the Leadership Council, in writing, the existence of any of its patent claims that it has determined would likely be Necessary Claims if the Draft Technical Specification were to become final and that are personally known to the individuals acting on behalf of such Participant with respect to the Draft Technical Specification, provided that it is understood and agreed that such individuals do not represent that they personally know of all potentially pertinent claims of patents and patent applications owned or claimed by the Participant they represent or any third parties.
5.2 The obligation set forth in Section 5.1 above does not, however, imply any obligations on Participants (collectively or individually) to perform or conduct patent searches. Further, nothing in this Policy nor the act of a Participant submitting, supporting, or approving a proposal for a Technical Specification shall be construed or otherwise interpreted as any kind of express or implied representation that such Participant does or does not hold any patents or patent applications which contain claims that cover such Technical Specification
6.1 Notwithstanding Section 4.1(a), (b) and (c), each Participant member of a Work Group shall have until 45 days after a specific Initial, Review or Final Draft Technical Specification is released by a Work Group for review by all Members (the “IPR Review Period”) to withdraw Necessary Claims.
6.2 For each Necessary Claim withdrawn according to Section 6.1, each Participant (on behalf of itself and its Subsidiaries) hereby covenants to grant to any other person or legal entity (whether or not such person or entity is also a Participant) a fair, reasonable, nondiscriminatory, nonexclusive, nontransferable, license under such Necessary Claims to implement the specific Organization Recommendation Technical Specification from a Work Group, but only to the extent needed to be a Fully Compliant Implementation, and to make, use, import, sell, promote or otherwise distribute the resulting implementation, which license may be made subject to the condition that those who seek licenses under this Section 6.2 agree to grant reciprocal, fair, reasonable, non-discriminatory, non-exclusive, nontransferable licenses under their Necessary Claims to such Participant and all other parties necessary to implement the specific Organization Recommendation Technical Specification as a Fully Compliant Implementation. Except as set forth herein, the negotiation of licenses pursuant to this Section 6.2 shall be left to the parties concerned. Notwithstanding the foregoing, no Participant shall be required to grant a license pursuant to this Section 6.2 with respect to; ( i ) any enabling technologies that may be necessary to make or use any product or portion thereof that complies with an Organization Recommendation Technical Specification, but are not themselves expressly set forth in that Organization Recommendation Technical Specification (e.g. semiconductor manufacturing technology, compiler technology, object oriented technology, basic operating system technology, database technology, etc.); (ii) the implementation of other Recommendations, even if referred to in an Organization Recommendation Technical Specification; or (iii) any portion of any product and any combinations thereof the sole purpose or function of which is not required in order to be a Fully Compliant Implementation of an Organization Recommendation Technical Specification.
6.3 NCCI shall be governed by the following provisions.
Notice. This Agreement is not intended to prevent a party receiving NCCI from using NCCI Residual Knowledge, subject to any valid patents and copyrights of the owner of such NCCI. NCCI Residual Knowledge means NCCI that is retained in the unaided memories of the receiving party’s employees or agents who have had access to NCCI.
7.1 A Work Group may decide by Work Group vote to circulate interim drafts or releases of Draft Technical Specifications to Participants for review and comment. Such Draft Technical Specifications shall be designated Initial, Circulation, Review or Final by the Work Group.
7.2 In addition, a Work Group may request that a Draft Technical Specification be circulated for review by and comment from non-Participants. This request, along with the associated Draft Technical Specification, shall be formally submitted to the Leadership Council and upon a Simple Majority vote by the Leadership Council, shall be published.
7.3 The primary deliverable of a Work Group may be a Final Draft Technical Specification on the subject matter or undertaking assigned to such Work Group, which drafts or proposals shall be formally submitted to the Leadership Team. When the Work Group, by a Supermajority vote of the members, reports to the Leadership Council that a Final Draft Technical Specification proposed for final approval is complete, or at any other time upon a Simple Majority vote of the Leadership Council, the Board will take steps to have the Members vote to accept or reject the Final Draft Technical Specification as set forth herein. To adopt the Final Draft Technical Specification, written notice (which shall include a copy of the Final Draft Technical Specification) shall be sent to all Members advising that a vote will be held for the purposes of adopting such Final Draft Technical Specification. Such vote shall take place no sooner than forty-five (45) days after submission to the Members of the Final Draft Specification. Adoption of the Final Draft Technical Specification, or any update to an Organization Recommendation Technical Specification, requires approval by a Supermajority of those Voting of the Members. Such Organization Recommendation Technical Specification shall be made publicly available by the Members upon adoption.
7.4 After any Organization Recommendation Technical Specification has been approved in accordance with Section 7.3 above, any updates or alterations thereto shall be treated as a proposal to develop a new Technical Specification and shall be subject to the same processes and procedures used for development as set forth above. The adoption of new Organization Recommendation Technical Specifications shall not terminate any right or obligation of any Participant, including any licenses or covenants granted or received by a Participant with respect to any earlier adopted Organization Recommendation Technical