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Section 1 provides precise definitions of eight key terms used in the Policy. Key definitions include “ARTS Specifications” that are covered under this policy and “Participate” that requires a formal method for joining a Work team or Technical Committee.

Section 2: Work Teams and Contributions

Section 2.1 specifies that Work Teams must have a specific technical charter, and any non-Member guests (who may only attend a single meeting without becoming members) must agree in writing to be bound by the IP Policy. (§ 2.1.) Participants must not make contributions that would infringe the intellectual property rights of others, and must not contribute software code. (§ 2.2.) Members understand that ARTS work-in-progress is intended to be confidential, but that contributions are not confidential. (§ 2.3.) ARTS will not accept feedback or contributions to drafts released for public comment, or to approved Standards unless the proposing party agrees to the terms, that include royalty free licenses, of the feedback license in Attachment A.

Section 3.1 provides for two Review Periods of at least 60 days each beyond the Work team development and review process. The first is the Technical Committee (“TC”) Review Period which allows the TC members to review the Last Call Working Draft for accuracy and intellectual property. Next is a Member Review Period, during which all members are given an opportunity for review. Review processes and time periods are defined in the ARTS TC Process Document.

Section 3.2 defines a members duty to disclose any patent or published patent application (members are not required to disclose confidential information relative to patent applications) that are personally known to the member’s representatives to ARTS and that have claims that would constitute Essential Claims if the draft were adopted.

Section 3.3 outlines the member options for stating its licensing intentions for the patents it has disclosed.

o For claims that are essential to implement its own contributions, the Member may elect either (i) RAND terms or (ii) royalty-free RAND terms.

o For claims that read on other parts of the draft specification that it did not contribute, the member may elect a third option to withhold licensing for specifically-designated claims.

Section 4 defines the default minimum licensing obligations of Work Team participants. Each Work Team participant agrees to grant, upon request, a license on at least RAND terms to any implementer to any of its Essential Claims that are required to implement the ARTS Standard developed by that Work Team while the Member participates in the team (except only for patents specifically identified as withheld from licensing during the applicable Review Period, above). The licensor’s obligation is conditioned upon receiving a reciprocal license from the licensee. “Participate” in a Work Team is defined as formally joining the team, or making a contribution to its work. After two meetings as a visitor, a ARTS Member must formally join the Work Team.

Section 4.3 requires that members or others that have agreed to this IP Policy that disclose potential infringement of intellectual property after the specification has been approved by the ARTS Board provide a 12 month royalty free grace period to ARTS and all implementers of the specification. The grace period will be provided on request and carries the condition of reciprocity.

NRF owns the copyrights to ARTS Standards and other publications. Contributors retain ownership of copyright in their own contribution, but grant a perpetual license to NRF for ARTS to incorporate the contribution into its Standards and to modify it and create derivative works based on it. NRF may adopt and shall own any ARTS trademarks.

Section 6 specifies the manner in which the licensing obligations of a member survive if the members withdraw from ARTS or from one or more individual ARTS Work Teams, or has its membership terminated by the ARTS Board. Broadly, a member remains obligated to grant licenses for work that was in process during their term of membership and they served on the Work team or Technical committee or if they made Contributions that may be the basis for or part of an ARTS Standard adopted after withdrawal or termination.

This section makes clear that ARTS Standards and member contributions are made “as is,” with no warranty or liability.

The form ensures that, when non-members submit comments or feedback to ARTS on its published drafts or Standards, ARTS will have the necessary copyright and patent rights covering such contributions. These license grants are broader than the license obligations of ARTS members, because this is a one-time grant and is limited to that specific contribution.

If the commenter wants the same obligations and rights of members, then it is free to join ARTS and bring its contribution within the scope of this IP Policy.