24 September IPR The IPR Task Team Report Virginia Cram-Martos Director UNECE Trade and Timber Division

24 September IPR Objective Basic Objective of UN/CEFACT IPR Policy To issue Specifications that can be implemented without fees or restrictions

24 September IPR in the UN This Objective IS NOT NEGOTIABLE Within the UN Context

24 September Mechanisms Mechanisms for Achieving the Objective IPR Policy (ECE/TRADE/CEFACT/2006/11) Procedures (Trade/R.650/Rev.4) Open Development Process (Trade/R.650/Rev.4/Add.1/Rev.1) Code of Conduct (Trade/R.650/Rev.4/Add.2)

24 September Why? Why was the IPR Task Team set up? It was set up by the Bureau and the FMG to respond to concerns expressed from within UN/CEFACT about: Patents Code of Conduct Conflicts of Interest Consequences for Violations

24 September Goals The goals set for the Task Team were to: Foster better understanding of UN/CEFACT IPR Policy; Review input from UN/CEFACT plenary members and participating experts that involve any concerns about the IPR Policy and related good practices and procedures; Report on its work to the Bureau on a timely basis Offer guidance to the Bureau in its consideration of next steps.

24 September Members The task team members included: a.Co-chairs Bart Schermer, UN/CEFACT Legal Group, Vice Chair Jeff Kovar, U.S. Mission Geneva, Legal Adviser b. Members Mr. Philippe Baechtold (WIPO) Michael Bechauf (SAP) Bill Coats (White and Case) Virginia Cram-Martos (UNECE) Eduardo Gutentag (OASIS and W3C) Bill Luddy (UN/CEFACT Legal Group) Pamela Samuelson (Boalt Hall School of Law) Pat Toufar (UN/CEFACT TBG Vice Chair) Tom Vinje (Clifford Chance)

24 September Conclusion The Task Team concludes that the UN/CEFACT IPR policy is adequate, effective, meets or exceeds the protections of other SDOs, and is well-tailored to the requirements of UN/CEFACT.

24 September Recommendations Extend the Code of Conduct to all participants, and strengthen it in important areas, particularly with respect to the duties of working group chairs and others in leadership positions; Review and, where useful, re-issue specifications issued before the IPR policy was promulgated for the purpose of ensuring application of the policy; Disseminate information about the IPR policy and Code of Conduct to participants at every UN/CEFACT Forum; *Consider promulgating additional guidelines for the implementation of the IPR policy;

24 September Recommendations Amend the Open Development Process (ODP) to include the specific milestones applicable to IPR disclosure and waiver under the IPR Policy; Establish a standing IPR Task team to be available to examine on an ongoing basis questions related to IPR and to organize discussions with participants and invited experts; Establish guidelines for the Bureau for handling the consideration of IPR related inquiries and concerns in a timely manner; *Consider making available information about dispute resolution mechanisms to address legal disputes between participants

24 September Next Steps 1.Finalize drafts of revised documents before or at the November UN/CEFACT Forum 2.Submit revised documents for inter-sessional approval 3.Confirm willingness of IPR Task Team members to be part of a permanent advisory group