Intellectual Property Policy

Published policy: Version 1.01, dated August 2024. The IP Policy on cheri-alliance.org is the current approved legal text and takes precedence if this page differs.

This policy applies to Alliance activity, committees, and working groups unless the Alliance agrees otherwise in writing. Participants should read the complete policy before contributing material that may enter an Alliance work product or standard.

Key defined terms

The policy defines the Alliance, affiliates, members, contributions, projects, working groups, work products, standards, intellectual-property rights, essential rights, patents, fair, reasonable and non-discriminatory terms, declarations, undertakings, and participation rights.

In summary:

• a Contribution can be written, spoken, or graphical material submitted for possible inclusion in a work product, including material recorded in reviewed meeting minutes;
• a Work Product is a deliverable formally published or adopted by the Alliance or a working group, including code, specifications, and documentation;
• Essential IPR is intellectual property that an implementation cannot avoid on technical grounds when implementing an adopted standard;
• FRAND Terms are fair, reasonable, and non-discriminatory terms.

Contributions are generally non-confidential unless a specific written Alliance decision establishes otherwise for a working group.

Contributions and copyright

Copyright in work products created by the Alliance or its working groups belongs to the Alliance, with acknowledgement for identifiable third-party copyright. A member is not required to contribute, and a working group is not required to accept a contribution.

A contributing member confirms, to the best of its knowledge, that it has the rights needed to make the contribution. Contributions are supplied without the broad warranties that would ordinarily cover merchantability, suitability, or non-infringement, and the policy limits liability associated with their use.

The policy grants the Alliance, members, and implementers specified copyright permissions to evaluate contributions, prepare derivative material, publish adopted material, assess conformity, and, subject to the policy, use contributions in compliant implementations. The policy does not create an implied patent licence.

Alliance-owned rights may be licensed to non-members on fair and reasonable terms, while members may use Alliance-owned rights without charge, subject to the full policy.

Declaring essential rights

Members are expected to use reasonable efforts to tell the Alliance promptly about essential rights during standards development. Before approval of relevant deliverables, declarations are made in the Alliance’s prescribed form.

A declaration identifies known potentially essential rights, relevant patent filing details, proposed licensing basis, any non-FRAND position, and whether reciprocity is required. Where a member cannot or will not give the normal licensing undertaking for an essential patent, it must identify the patent and explain its reasons.

The policy does not generally require a patent search. A member that does not declare relevant essential rights may be treated as having given the standard undertaking. The Alliance may publish declarations and controls whether declared rights are incorporated.

Licensing and non-assertion

Members agree not to assert essential rights against the Alliance for its publication and promotion of standards or work products. Except for properly declared essential patents subject to refusal provisions, members undertake to make necessary licences available on FRAND terms to those implementing the relevant standard. Reciprocity may be required.

Licensors and prospective licensees must negotiate in good faith. If they cannot agree, either may seek a court remedy. Members must address affiliates and successors so that relevant undertakings continue when essential rights are transferred. Owners remain free to exploit their rights outside Alliance activity.

Refusal, disputes, and alternatives

The right to refuse a licence is limited to qualifying essential patents that were independently developed, were not intended for the relevant work product, and were properly declared. Refusal can affect participation rights in the project.

If an owner will not license an essential right, the Alliance reviews whether a viable alternative can meet the requirement without that right. Competing ownership claims are to be negotiated in good faith, with court proceedings available if agreement cannot be reached.

General provisions

The Alliance seeks to publish work products under permissive open-source licences. Neither the Alliance nor members warrant that policy activity is free of third-party rights. Relevant obligations can survive withdrawal from a project or the Alliance.

Breaches may lead to legal action, exclusion from activity, or termination of membership. Disputes should first be handled in good faith, reasonably, and under the Articles of Association, with the courts available where necessary. The policy is governed by the law of England and Wales.