DIRITTO PRIVATO COMPARATO
Scoperte scientifiche, invenzioni e protocolli relativi a Internet
Giovanni Pascuzzi1
(Università di Trento - Facoltà di Giurisprudenza2)
 

APPENDICE.

RFC 1602. The Internet Standard Process. Section 5: Intellectual Property Rights.

5. INTELLECTUAL PROPERTY RIGHTS

5.1. General Policy

In all matters of intellectual property rights and procedures, the

intention is to benefit the Internet community and the public at

large, while respecting the legitimate rights of others.

5.2. Definitions

As used in this section, the following terms have the indicated

meanings:

o "Trade secrets" are confidential, proprietary information.

o "Contribution" means any disclosure of information or ideas,

whether in oral, written, or other form of expression, by an

individual or entity ("Contributor").

o "Standards track documents" are specifications and other

documents that have been elevated to the Internet standards

track in accordance with the Internet Standards Process.

o "Copyrights" are purportedly valid claims to copyright in all

or part of a contribution to standards work, whether or not

the contribution becomes a standards track document,

including but not limited to any works by third parties that

the contribution is based on or incorporates.

o "ISOC" refers to the Internet Society and its trustees,

officers, employees, contractors, and agents, as well as the

IAB, IETF, IESG, IRTF, IRSG, and other task forces,

committees, and groups coordinated by the Internet Society.

o "Standards work" is work involved in the creation, testing,

development, revision, adoption, or maintenance of an

Internet standard that is carried out under the auspices of

ISOC.

o "Internet community" refers to the entire set of persons,

whether individuals or entities, including but not limited to

technology developers, service vendors, and researchers, who

use the Internet, either directly or indirectly, and users of

any other networks which implement and use Internet

Standards.

5.3 Trade Secret Rights

Except as otherwise provided under this section, ISOC will not

accept, in connection with standards work, any idea, technology,

information, document, specification, work, or other contribution,

whether written or oral, that is a trade secret or otherwise

subject to any commitment, understanding, or agreement to keep it

confidential or otherwise restrict its use or dissemination; and,

specifically, ISOC does not assume any confidentiality obligation

with respect to any such contribution.

5.4. Rights and Permissions

In the course of standards work, ISOC receives contributions in

various forms and from many persons. To facilitate the wide

dissemination of these contributions, it is necessary to establish

specific understandings concerning any copyrights, patents, patent

applications, or other rights in the contribution. The procedures

set forth in this section apply to contributions submitted after 1

April 1994. For Internet standards documents published before

this date (the RFC series has been published continuously since

April 1969), information on rights and permissions must be sought

directly from persons claiming rights therein.

5.4.1. All Contributions

By submission of a contribution to ISOC, and in consideration

of possible dissemination of the contribution to the Internet

community, a contributor is deemed to agree to the following

terms and conditions:

l. Contributor agrees to grant, and does grant to ISOC, a

perpetual, non-exclusive, royalty-free, world-wide right

and license under any copyrights in the contribution to

reproduce, distribute, perform or display publicly and

prepare derivative works that are based on or incorporate

all or part of the contribution, and to reproduce,

distribute and perform or display publicly any such

derivative works, in any form and in all languages, and to

authorize others to do so.

2. Contributor acknowledges that ISOC has no duty to publish

or otherwise use or disseminate every contribution.

3. Contributor grants ISOC permission to reference the

name(s) and address(s) of the contributor as well as other

persons who are named as contributors.

4. Where the contribution was prepared jointly with others,

or is a work for hire, the contributor represents and

warrants that the other owner(s) of rights have been

informed of the rights and permissions granted to ISOC and

that any required authorizations have been obtained.

Copies of any such required authorizations will be

furnished to ISOC, upon request.

5. Contributor acknowledges and agrees that ISOC assumes no

obligation to maintain any confidentiality with respect to

any aspect of the contribution, and warrants that the the

contribution does not violate the rights of others.

6. All material objects in which contributions are submitted

to ISOC become the property of ISOC and need not be

returned to the contributor.

Where appropriate, written confirmation of the above terms and

conditions will be obtained in writing by ISOC, usually by

electronic mail; however, a decision not to obtain such

confirmation in a given case shall not act to revoke the prior

grant of rights and permissions with respect to the

contribution as provided herein. Except as provided below, the

Executive Director of the IETF Secretariat, or a person

designated by the Executive Director, will be responsible for

obtaining written confirmations.

In the case of IETF Working Groups, the responsibility for

identifying the principal contributor(s) for purposes of

obtaining written confirmation of the above rights and

permissions will be assumed by the Editor or Chair of the

particular Group. While only those persons named as principal

contributor(s) will generally be requested to provide written

confirmation, it is the responsibility of all contributors to

standards work to inform the IETF Secretariat of any

proprietary claims in any contributions and to furnish the

Secretariat with any required confirmation.

Where any person participating in standards work asserts any

proprietary right in a contribution, it is the responsibility

of such person to so inform the Editor or Chair of the group,

promptly, in writing. The Editor or Chair will then determine

whether to list the person as a principal contributor, or to

revise the document to omit the particular contribution in

question.

5.4.2. Standards Track Documents

(A) ISOC will not propose, adopt, or continue to maintain any

standards, including but not limited to standards labelled

Proposed, Draft or Internet Standards, which can only be

practiced using technology or works that are subject to

known copyrights, patents or patent applications, or other

rights, except with the prior written assurance of the

owner of rights that:

l. ISOC may, without cost, freely implement and use the

technology or works in its standards work;

2. upon adoption and during maintenance of an Internet

Standard, any party will be able to obtain the right

to implement and use the technology or works under

specified, reasonable, non-discriminatory terms; and

3. the party giving the assurance has the right and

power to grant the licenses and knows of no other

copyrights, patents, patent applications, or other

rights that may prevent ISOC and members of the

Internet community from implementing and operating

under the standard.

(B) ISOC disclaims any responsibility for identifying the

existence of or for evaluating any copyrights, patents,

patent applications, or other rights, on behalf of or for

the benefit of any member of the Internet community, and

ISOC takes no position on the validity or scope of any

such rights. Further, ISOC will take no position on the

ownership of inventions made during standards work, except

for inventions of which an employee or agent of the

Internet Society is a joint inventor. In the latter case,

the Internet Society will make its rights available under

license to anyone in the Internet community in accordance

with the written assurances set forth below.

5.5. Notices

(A) When a written assurance has been obtained as set forth

below, the relevant standards track documents shall include

the following notice:

"__________(name of rights' owner) has provided written

assurance to the Internet Society that any party will be

able to obtain, under reasonable, nondiscriminatory

terms, the right to use the technology covered

by__________(list copyrights, patents, patent

applications, and other rights) to practice the

standard. A copy of this assurance may be obtained from

the Executive Director of the IETF Secretariat. The

Internet Society takes no position on the validity or

scope of the copyrights, patents, patent applications,

or other rights, or on the appropriateness of the terms

and conditions of the assurances. The Internet Society

does not make any representation there are no other

rights which may apply to the practice of this standard,

nor that it has made any effort to identify any such

rights. For further information on the Internet

Society's procedures with respect to rights in standards

and standards-related documentation, see RFC_____,

dated________."

(B) ISOC encourages all interested parties to bring to its

attention, at the earliest possible time, the existence of

any copyrights, patents, patent applications, or other rights

pertaining to Internet Standards. For this purpose, each

standards document will include the following invitation:

"The Internet Society invites any interested party to

bring to its attention any copyrights, patents or patent

applications, or other proprietary rights which purport

to cover technology or works that may be required to

practice this standard. Please address the information

to the Executive Director of the Internet Engineering

Task Force Secretariat."

(C) When applicable, the following sentence will be included in

the notice:

"As of __________, no information about any copyrights,

patents or patent applications, or other proprietary

rights has been received."

(D) The following copyright notice and disclaimer will be

included in all ISOC standards-related documentation:

"Copyright (c) ISOC (year date). Permission is granted

to reproduce, distribute, transmit and otherwise

communicate to the public any material subject to

copyright by ISOC, provided that credit is given to the

source. For information concerning required

permissions, please contact the Executive Director of

the Internet Engineering Task Force Secretariat."

ISOC hereby informs the Internet community and other

persons that any standards, whether or not elevated to

the Internet Standard level of maturity, or any

standards-related documentation made available under the

auspices of ISOC are provided on an "AS IS" basis and

ISOC DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED,

INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF

MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR

THAT ANY STANDARD OR DOCUMENTATION DOES NOT VIOLATE THE

RIGHTS OF OTHERS.

5.6. Assurances

The agreement on assurances set forth below will normally be

entered into between the owner of rights and ISOC at the time a

standards track document in which proprietary rights are claimed

reaches the "Proposed Standard" stage of maturity:

This is an agreement between ______________(hereinafter

called "Rights Holder") and the Internet Society on behalf of

itself and its trustees, officers, employees, contractors and

agents, the Internet Architecture Board, Internet Engineering

Steering Group, Internet Engineering Task Force, and other task

forces, committees and groups coordinated by the Internet Society

(hereinafter called "ISOC"), and for the benefit of all users of

the Internet and users of any other networks which implement and

use Internet Standards (hereinafter together with ISOC called

"Internet community"). This agreement takes effect when signed on

behalf of the Rights Holder and the Internet Society.

The Rights Holder represents that it has or will have rights

in patent applications, patents, copyrights, trade secrets, and

other proprietary rights in various countries (hereinafter called

"Rights") which may block or impede the ability of the Internet

community to implement and operate under the standards set forth

in ISOC standards document ____,____, and ____(the listed

standards and any similar or related standards now existing or

later developed are together hereinafter called "Standards"). The

Rights as they presently exist are listed on attached Schedule A.

The Rights Holder further agrees to review the Rights listed in

Schedule A from time to time, and, in particular, immediately

prior to the elevation of the Standards to the Internet Standard

level of maturity in accordance with the Internet Standards

Process, and to inform the Executive Director of the Internet

Engineering Task Force Secretariat promptly upon learning of any

new Rights in the Standards that should be added to the list in

Schedule A.

The Rights Holder believes and affirms that it will derive

benefits by permitting ISOC and the Internet community to

implement and operate under the Standards without interference of

any of the Rights. The policy of ISOC is not to propose, adopt,

or continue to maintain the Standards unless written assurances

are given by the Rights Holder with respect to proprietary rights.

Accordingly, in consideration of the benefits noted above and

other good and valuable consideration, the Rights Holder makes the

assurances set forth herein.

The Rights Holder grants to ISOC a cost-free, perpetual,

non-exclusive, world-wide license under the Rights with respect to

implementing and operating under the Standards. The license

extends to all activities of ISOC involving the Standards without

limit, including the rights to reproduce, distribute, propose,

test, develop, analyze, enhance, revise, adopt, maintain,

withdraw, perform and display publicly, and prepare derivative

works in any form whatsoever and in all languages, and to

authorize others to do so. The Rights Holder also grants ISOC

permission to use the name and address of Rights Holder in

connection with the Standards.

The Rights Holder relinquishes any right or claim in any

trade secret which is part of the Rights, and makes the trade

secrets available without restriction to the Internet community.

The Rights Holder hereby acknowledges that ISOC assumes no

obligation to maintain any confidentiality with respect to any

aspect of the Standards, and warrants that the Standards do not

violate the rights of others.

The Rights Holder assures ISOC that the Rights Holder shall

grant to any member of the Internet community, as a beneficiary of

this agreement, a non-exclusive, perpetual, world-wide license

under the Rights, with respect to operating under the Standards

for a reasonable royalty and under other terms which are

reasonable considering the objective of ISOC to assure that all

members of the Internet community will be able to operate under

the Standards at a minimal cost. The license discussed in this

paragraph shall permit the licensee to make, have made, test,

enhance, implement, and use methods, works, computer programs, and

hardware as needed or desirable for operating under the Standards.

Every license shall include a clause automatically modifying the

terms of the license to be as favorable as the terms of any other

license under the Rights previously or later granted by the Rights

Holder.

A form of the license shall always be publicly accessible on

the Internet, and shall become effective immediately when the

member of the Internet community executes it and posts it for

delivery to the Rights Holder either by mail or electronically.

The initial version of the license shall be in the form attached

as Schedule B.

The Rights Holder represents and warrants that its rights are

sufficient to permit it to grant the licenses and give the other

assurances recited in this agreement. The Rights Holder further

represents and warrants that it does not know of any rights of any

other party in any country which would block or impede the ability

of ISOC and the Internet community to implement or operate under

the Standards, or that would prevent the Rights Holder from

granting the licenses and other assurances in this agreement.

This agreement shall not be construed to obligate the ISOC to

propose, adopt, develop, or maintain any of the Standards or any

other standard.

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