1. Intellectual Property Rights Policy Mark Palmer – Vice Chair 24 May 2006 U NITED N ATIONS C ENTRE F OR T RADE F ACILITATION A ND E LECTRONIC B USINESS United Nations Economic Commission for Europe UN/CEFACT DRAFT / Version 0.1

2. UN/CEFACT Slide 2 Background Plenary established IPR Special Contact Group –reviewed other SDOs IPR policies –established fundamental principles –editing team circulated drafts for comment 11 th Plenary approved IPR principles –reviewed and commented on draft IPR policy Draft policy sent to UN Office of Legal Affairs (UN OLA)

3. UN/CEFACT Slide 3 Recent Progress IPR policy APPROVED by UN OLA –May 2006 –addition of disclaimer IPR SCG updated the IPR documents Bureau distributed IPR Policy and Executive Summary to HoDs

4. UN/CEFACT Slide 4 Overview of IPR Policy Goal: Promote UN/CEFACT standards without burden of fees or restrictions Five key principles –Waiver –Disclosure –Exception Handling –Warranty –Disclaimer

5. UN/CEFACT Slide 5 Waiver Obligation All participants in a Forum Group waive their rights to enforce intellectual property (IP) necessary to use specifications from that Forum Group. The waiver is limited – applies only to implementations of the specification; all other rights are reserved. Waiver required as a condition to participate in a Forum Group.

6. UN/CEFACT Slide 6 Disclosure Obligation Waiver may be avoided only if the participant discloses the relevant IP at designated steps in the development process. Disclosure is made by participant’s individual representative based on his/her knowledge. No duty to conduct extensive IPR search. Enforcement of IP is waived if not disclosed.

7. UN/CEFACT Slide 7 Exception Handling Applies when a participant discloses IP Intellectual Property Advisory Group (IPAG) is formed to consider the IP at issue and to select one of the recommendations outlined in the IPR Policy.

8. UN/CEFACT Slide 8 Warranties Every participant warrants that to the best of its representative’s knowledge no third party contends that the participant’s contributions to a specification infringe that third party’s IP. There are no other warranties. There are no indemnities.

9. UN/CEFACT Slide 9 Completing the UN/CEFACT Adoption Plenary approval –principles in IPR policy approved at 11 th Plenary –only minor edits to policy reviewed at 11 th Plenary Apply the policy to UN/CEFACT operations –procedures for all Forum Group participants to sign waiver –inform all participants and individuals –include in relevant documents Send for information to the Com. on Trade and Executive Com.

10. UN/CEFACT Slide 10 Completing this Task Plenary approval –principles in IPR policy approved at 11 th Plenary –only minor edits to policy reviewed at 11 th Plenary Apply the policy to UN/CEFACT operations –procedures for all Forum Group participants to sign waiver –inform all participants and individuals –include in relevant documents

11. UN/ CEFACT SIMPLE, TRANSPARENT AND EFFECTIVE PROCESSES FOR GLOBAL BUSINESS.