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General Guidelines for Treatment of Industrial Property Rights
in Connection with XGP Forum Specification

Disclaimer, Limitation of Liability

Nothing in this document creates any warranties of title or noninfringement with respect to XGP technologies including any technologies, standards or specifications referenced or incorporated into this document.

In no event shall the XGP Forum be liable to the user or to a third party for any claim arising from or related to the use of XGP technologies, including, without limitation, a claim that such use infringes a third party's intellectual property rights or that it fails to comply with applicable laws or regulations. By use of XGP technologies, the user waives any such claim against the XGP Forum relating to the use of XGP technologies.

The XGP Forum Specification is to be drafted in a fair and open manner, and established only when agreed upon by the general consensus of XGP Forum members.

Therefore , if any or all parts of the contents of the XGP Forum Specifications are Included in the scope of an Essential Industrial Property Right (Industrial Property Right（hereinafter "IPR"） means any patent right , utility model right and design patent right, whether allowed or pending; and "Essential IPR" means any of those which technically makes it impossible to manufacture, to sell or to use equipment, apparatus, devices, systems or software, in compliance with the XGP Forum Specification without infringing the same), the adoption of the XGP Forum Specification should be decided in a fair and open manner which clearly reflects the intention of a majority of XGP Forum members.

Furthermore, to promote the XGP Forum Specification for universal use, XGP Forum deems it desirable that the Essential IPR which relates to any or all parts of the contents of the XGP Forum Specification should be used free of charge by anyone and that it would not block the use of such Essential IPR in any other country where such an XGP Forum Specification is adopted. Accordingly, XGP Forum has established the following guidelines for dealing with such Essential IPR to which the XGP Forum Specification relates.

1 Treatment

1.1 Basis for Selection

In case where any or all parts of the contents of the provisions of a particular XGP Forum Specification are included in the scope of any Essential IPR, the XGP Forum Specification shall apply only when the holder of such Essential IPR (hereinafter "the Right Holder") agrees to elect either of the following two alternative cases (1) and (2); and shall not apply when the Right Holder elects case (3).

	(1)	The Right Holder agrees not to assert such Essential IPR and to grant a license unconditionally to the use of such Essential IPR to anyone who uses such a XGP Forum Specification. However, if anyone who uses such a XGP Forum Specification owns any other Essential IPR which covers any or all parts of the contents of the provisions of such XGP Forum Specification, and lays claims thereto, such user may be excluded from the application of the aforesaid provision by the Right Holder.
	(2)	The Right Holder, upon disclosing the contents and the terms and conditions of such Essential IPR, agrees to grant a non-exclusive and non-discriminatory license to the use of such Essential IPR on reasonable terms and conditions to anyone who uses such a XGP Forum Specification. However, if anyone who uses such a XGP Forum Specification owns any other Essential IPR which covers any or all parts of the contents of the provisions of such a XGP Forum Specification, and lays claims thereto, such a user may be excluded from the application of aforesaid provision by the Right Holder.
	(3)	The Right Holder does not agree to either of the aforesaid alternatives referred to in (1) or (2).

1.2 Disputes regarding IPR
XGP Forum Group is not responsible for the confirmation of whether or not any or all parts of such a XGP Forum Specification are included in a scope of any Essential IPR, nor liable for any disputes regarding IPR.

1.3 Applicable Scope and Territory
The treatment provided in Section 1.1 of these Guidelines shall be applied to equipment, apparatus, devices, systems or software used in Japan in compliance with such a XGP Forum Specification. However, in case where other countries adopt such a XGP Forum Specification, mutual consultation about the treatment of the Essential IPR can be conducted in the manners stated in the preface.

2 Procedures

Below are the procedures to be applied when any or all parts of the contents of the provisions of a particular XGP Forum Specification are included in the scope of any Essential IPR.

2.1 Submission of Confirmation Form

When drafting the provision(s) of an XGP Forum Specification, the Right Holder should submit to the chairman of XGP Forum one of the following confirmation forms relating to a license to the use of the Essential IPR provided in the attached forms No.1 through No.3 (IPR’s other than patents shall be listed on the back page of the confirmation form in the same manner as patents.).

2.2 Submission Date for Confirmation Form

As a general rule, one of the three forms above should be submitted before or on the date to be decided by XGP Forum, or the date to be decided by the relevant Working Group prior to the establishment of such a draft XGP Forum Specification.
Where the Essential IPR provided in Section 2.1 has not been laid open (hereinafter "lay open" includes international publication and national (domestic) publication , and means the earliest one among them ) at the time of that submission , the form shall be re-submitted after such Essential IPR is laid open again.
If the application of such Essential IPR is withdrawn or rejected or the right has expired, a notification thereof shall be submitted without delay.

2.3 Custody of Confirmation Form and Notation in the XGP Forum Specification

When the secretariat of the Standard Assembly receives a confirmation form provided in Section 2.1 form the Right Holder, the secretariat will retain the form in custody. If the secretariat receives the attached confirmation form No.1 or No.2, such an XGP Forum Specification shall include the following notation.

Note: Although this XGP Forum Specification contains no specific reference to any Essential Industrial Property Right relating thereto, the holder of such Essential Industrial Property Right states that "YYY" is the holder of the Industrial Property Right "XXX" covering this ARIB Standard and agrees [ (in case of the attached form No.1) not to assert such right "XXX" and to grant a license unconditionally to the use of such right "XXX" to anyone using this XGP Forum Specification] [ (in case of the attached form No.2) to grant a non-exclusive and non-discriminatory license to the use of such right "XXX" on reasonable terms and conditions to anyone using this XGP Forum Specification]. However this does not apply to anyone who uses this XGP Forum Specification and also owns and lays claim to any other Essential Industrial Property Right whose scope is included in any or all parts of the contents of the provisions of this XGP Forum Specification.

2.4 Liability for not receiving Confirmation Form

XGP Forum shall not be responsible to anyone for any and all consequences that may arise from not submitting any of the confirmation forms provided in section 2.1 by the Right Holder.

Confirmation Form Regarding The License to Use Essential IPR:

FORM I: Regarding Case (1) Stipulated in Section 1.1

FORM II: Regarding Case (2) Stipulated in Section 1.1

FORM III: Regarding Case (3) Stipulated in Section 1.1

	Working Guidelines for Treatment of Industrial Property Rights in Connection with XGP Forum Specification

	XGP Forum decided as follows in connection with the practical use of “Guidelines for Treatment of Industrial Property Rights in connection with the XGP Forum Specification (decided as of September 3, 1996)” (hereinafter “Guidelines”). Essential Industrial Property Right (hereinafter “Essential IPR”) relating to any or all parts of the contents of such an XGP Forum Specification shall be treated only as provided in the Guidelines without any other terms and conditions. The Guidelines do not address any treatment of Non-Essential IPR (hereinafter “Non-Essential IPR” means Industrial Property Right relating to any or all parts of the contents of such an XGP Forum Specification other than Essential IPR) in connection with systems in compliance with such an XGP Forum Specification. However, if the holder of Essential IPR (this relates only to those holders of Essential IPR who selected Section 1.1(1) of the Guidelines) requests a license from the holder of Non-Essential IPR to use such Non-Essential IPR in the system in compliance with such an XGP Forum Specification, such a holder of the Non-Essential IPR shall pay due consideration to the fact that such a holder of Non-Essential IPR received a royalty-free license under the Essential IPR from such a holder of Essential IPR. Such a holder of Non-Essential IPR shall therefore negotiate in good faith with such a holder of Essential IPR for such licenses on reasonable terms and conditions (including royalty-free) so that a mutually acceptable agreement can be reached. In the case that a potential holder of Essential IPR is not able to submit a confirmation form per Section 2.1 of the Guidelines by the submission date specified in Section 2.2 of the Guidelines (hereinafter “the submission date”), the potential holder can submit either of the attached comprehensive confirmation forms, No.1 or No.2, that does not specify Industrial Property Right (hereinafter “comprehensive confirmation forms”) by the submission date. The submitter of one of these comprehensive confirmation forms may postpone the submission of the confirmation form provided in the Guidelines until the date up to six months from the date of the establishment or revision of the relevant XGP Forum Specification. Any entity who has participated into making this XGP Forum Specification and possibly be as a potential IPR holder is entitled to submit the attached comprehensive confirmation lists, No.3 or No.4 instead of submitting “comprehensive confirmation forms” under the prior consent of relevant Working Group. In case that the comprehensive confirmation form No.1 is submitted and if the submitter is later ascertaining to be an Essential IPR holder, it should submit the confirmation form No.1 provided in the Guidelines. In case that the comprehensive confirmation form No.2 is submitted and if the submitter is later ascertain to be an Essential IPR holder, it should submit either one of the confirmation forms No.1 and No.2 provided in the Guidelines. If the submitter learns of the existence of its Essential IPR after the submission date (six months from the date of the establishment or revision of the relevant XGP Forum Specification in the case that a comprehensive confirmation form described in Paragraph 3 is submitted), the holder of such Essential IPR should submit the confirmation form No.1 or No.2 provided in the Guidelines without delay. In the case that the holder of such Essential IPR submitted the comprehensive confirmation form described in Paragraph 3, the contents mentioned in the comprehensive confirmation form are also valid for the Essential IPR that is not specified in the confirmation form No. 1 or No. 2 provided in the Guidelines.
	Comprehensive Confirmation Form Regarding The License to Use Essential IPR: FORM I: Regarding Case (1) Stipulated in Section 1.1, in Case A Potential IRP Holder Is Unable to Submit A Confirmation Form Attached with The General Guidelines FORM II: Regarding Case (2) Stipulated in Section 1.1, in Case A Potential IPR Holder Is Unable to Submit A Confirmation Form Attached with The General Guidelines FORM III: Regarding Case (1) Stipulated in Section 1.1, in Case A Potential IPR Holder Is Able to Submit A Confirmation Form Attached with The General Guidelines FORM IV: Regarding Case (2) Stipulated in Section 1.1, in Case A Potential IRP Holder Is Able to Submit A Confirmation Form Attached with The General Guidelines

IPR Policy Regarding The Usage of XGP and XGP Logo

The policy outlines procedures, terms and conditions on the use of XGP and XGP logo by registered parties at XGP Forum.

1 Basic policy:

No unregistered party with XGP Forum will be permitted to use XGP and XGP logo on any of its publications and internal documents.
No party who passed its registered period with XGP Forum will be permitted to use XGP and XGP logo on any of its publications and internal documents.
Any registered party wishing to use XGP and XGP logo must contact the Secretariat of XGP Forum and lodge a written request to specify the way the logo will be used.
No use of XGP and XGP logo except within the authorized period will be permitted.

2 Fundamental rules in using XGP and XGP logo:

No other way than the applied one to use the logo will be permitted.
Your registered number with XGP Forum shall always be specified underneath XGP and XGP logo.

3 Process of application:

The Secretariat of XGP Forum is the only legible party to keep XGP and XGP logo.
The application to use XGP and XGP logo is only processed through the Secretariat of XGP Forum.
The legal person of the apply party must sign to declare the agreement of this policy on using the logo.

4 Re-design of logo mark:

Editing of background color and size of must be reported to and be approved by the Secretariat of XGP Forum.
No other editing or alteration will be allowed.

5 Application form:

Registered Name with XGP Forum
Legal Person
Email Address
Business Phone Number
Postal Address
Applied Date
Person in Charge of XGP and XGP Logo Usage
Business Title
Email Address
Business Phone Number
How and Where Will The Logo Be Used
Applied Period of Usage

As the legal person name of the legal person of a registered member of XGP Forum registered name of your company , I agree to the procedures, terms and conditions regarding the use of XGP and XGP logo on any publications or internal documents produced by, or in connection with registered name of your company .

Please return the document to Mr. Hiroshi Osawa at the Secretariat of XGP Forum.

Email: info@xgpforum.com (Only PDF form is accepted.)
Tel: 81-3-5510-8599
Fax: 81-3-3592-1103

11F, Nittochi Bldg.
1-4-1, Kasumigaseki,
Chiyoda District,
Tokyo, 100-0013, Japan

Attachement: XGP Logo