ASTM International 2006 Officers Conference LEGAL ISSUES

1.Intellectual Property Copyright Trademark Patent 2.Antitrust Two major types of legal issues:

Copyrights Ownership – –IP Policy –Organizational copyright –Task Group Participation form What can ASTM do? Reproduction Distribution Derivative works

Reason - Control of Content Control of technical content –Once content is gone, lose ability to influence technical content, quality Maintenance (both timing & scope) Sustain the Society Allows new areas of standardization

ASTM Use of Copyrighted Material Material from other SDOs –Form & Style F5 –One-shot licenses Materials from other Sources –Task Group Participation Form Internet materials

Trademarks - Distinctive mark that indicates source or origin - ASTM logo & initials, ASTM International - Logo policy To denote membership To link to ASTM website Organizational members

Patents -Bylaw 15– Patents in Standards Problem – related to antitrust issues. 1.Identify other alternatives 2. If alternative exists, omit reference to patented item 3. Disclaimer re: identification or validity of patents

The Problems Intellectual Property Violations Control Over Electronic Delivery/Use Veeck

Combating IP Violations Internet Search Program Zero Tolerance –C & D Letter to Website Owner –DMCA Letter to ISP Intellectual Property Policy Click-Thru License

Combating Electronic Misuse Watermarking Digital Watermarking Document Locking New Web/Internet Download Licenses New Reseller Licenses

Anti-Trust Acts or conspiracy in restraint of trade Antitrust policy seeks to –limit market domination (monopoly power) –curb practices that restrict competition Practices subject to antitrust action –collusive agreements among firms Price fixing Restricting market entry *** –exclusive dealings –Predatory behavior

Common sense guidelines – things to watch for Do not discuss prices with other members (price-fixing). Do not agree with other members to stay out of a certain market. Do not join forces with other members to restrict market access to others.*** Do not join forces with other members to disadvantage competitors. Do not discuss tying the sale of one product to another. Dont view standards as a means of restricting competition.***

Defense Against Antitrust Allegations Due Process –Notice (of proposed standard; proposed actions) –Written procedures –Opportunity (to participate) Committee operations Committee balance Resolution of negatives –Adequate records (including minutes) –Balloting Appeal/review

Its the Process Know the Regulations (Blue Book) –Patent Policy Reg. 15 –How to handle negatives –Proxies Know and apply F&S –Caveats Read ASTM Technical Committee Officer Handbook Staff Manager General Counsel

Questions?? Comments? Thomas B. O'Brien Jr. General Counsel ASTM International 100 Barr Harbor Drive West Conshohocken, PA (fax)