CEN/CLC Guide 10:2024
(Main)Policy on the distribution, sale and copyright of CEN and CENELEC Content
Policy on the distribution, sale and copyright of CEN and CENELEC Content
This Guide sets out the policy for the distribution, sale, copyright and therefore any Reproduction of Content.
Compliance with this Guide is mandatory for CEN, CENELEC, their respective Members, Organizations having
a cooperation framework or partnership agreement with CEN or CENELEC, CEN and CENELEC staff
members, experts, delegates, and other contributors to the work of Technical Committees or Working Groups
and other parties recognized by the CEN and CENELEC Rules.
Reproducing the Content, including structured data related to Publications, does not only fulfil the objective of
disseminating and encouraging the application of Publications throughout Europe and the rest of the world. It
is also the primary funding mechanism for standardization activities for many of the Members and a cornerstone
of the sustainability of the CEN and CENELEC standardization system. Therefore, the Reproduction of the
Content must be based on commercial principles and conducted in a way that secures the value of the Content
to CEN, CENELEC, their respective Members and the End-Users.
This Guide establishes practices in line with European Union (EU) competition law. As a result, this Guide is
not intended to give rise to or encourage any direct or indirect price fixing, market sharing and/or exchange of
commercially sensitive information between CEN, CENELEC and their respective Members. This Guide also
complies with the World Trade Organization (WTO) principles regarding dissemination of adopted standards,
including voluntary application, openness, effectiveness, and relevance in terms of availability to End-Users.
Any issue regarding the Reproduction of the Content that is not covered by this Guide or related documents, or
may require specification, shall be referred to the CEN and CENELEC Director General, who shall reasonably
seek the advice of the relevant governing bodies of CEN and CENELEC.
Any issue regarding compliance with this Guide shall be addressed to CCMC. In case of non-compliance with
this Guide, CCMC will take appropriate action according to the CEN and CENELEC Rules. In particular,
Members that do not comply with this Guide may ultimately be expelled from CEN or CENELEC according to
article 9.1.2 of the Statutes of CEN or CENELEC. Organizations having a cooperation framework or partnership
agreement with CEN or CENELEC, technical experts, delegates or other contributors to the work of Technical
Committees or Working Groups may be excluded from CEN and CENELEC activities, in accordance with the
CEN and CENELEC Rules.
Politika distribucije, prodaje in avtorskih pravic za vsebine CEN-CENELEC
Ta smernica določa politiko distribucije, prodaje in avtorskih pravic in s tem reprodukcijo vsebin.
Skladnost s to smernico je obvezna za CEN, CENELEC, njune člane, organizacije, ki imajo s CEN ali CENELEC sklenjen okvirni dogovor ali partnerstvo o sodelovanju, zaposlene, strokovnjake, pooblaščence in druge osebe CEN in CENELEC, ki prispevajo k delu tehničnih odborov ali delovnih skupin in druge subjekte, ki so določeni v pravilih CEN in CENELEC.
Reprodukcija vsebin, vključno s strukturiranimi podatki v zvezi s publikacijami, ne izpolnjuje samo cilja razširjanja in spodbujanja uporabe publikacij po vsej Evropi in drugod po svetu. Prav tako gre za primarni mehanizem financiranja za standardizacijo aktivnosti številnih članic in temelj trajnosti sistema standardizacije CEN in CENELEC. Tako mora vsebina za reproduciranje temeljiti na komercialnih načelih in biti izvedena na način, da je zavarovana vrednost vsebine za CEN, CENELEC in njune zadevne člane in končne uporabnike.
Ta smernica vzpostavlja prakse v skladu s konkurenčnim pravom Evropske unije (EU). Tako ta smernica ni namenjena povzročanju ali spodbujanju kakršnega koli posrednega ali neposrednega določanja cen, delitve trga in/ali izmenjave poslovno občutljivih informacij med CEN, CENELEC in njunimi zadevnimi člani. Ta smernica je prav tako skladna z načeli svetovne trgovinske organizacije (WTO) v zvezi z razširjanjem sprejetih standardov, vključno s prostovoljno uporabo, odprtostjo, učinkovitostjo in pomembnostjo v smislu razpoložljivosti za končne uporabnike.
Vsako vprašanje v zvezi z reprodukcijo vsebine, ki ni zajeto v to smernico ali povezanih dokumentih ali ki morda potrebuje specifikacijo, je treba nasloviti na generalnega direktorja CEN in CENELEC, ki bo razumno poiskal nasvet pri zadevnih pristojnih organih CEN in CENELEC.
Vsakršno vprašanje v zvezi s skladnostjo s to smernico je treba nasloviti na CCMC. V primeru neskladij s to smernico bo CCMC ustrezno ukrepal v skladu s pravili CEN in CENELEC. Predvsem so lahko člani, ki ne delujejo skladno s to smernico, tudi izključeni iz CEN in CENELEC v skladu s členom 9.1.2 statuta CEN ali CENELEC. Organizacije, ki imajo s CEN ali CENELEC sklenjene okvirne dogovore ali partnerstva o sodelovanju, tehnični strokovnjaki, pooblaščenci in druge osebe, ki prispevajo k delu tehničnih odborov ali delovnih skupin, so lahko izključeni iz dejavnosti CEN in CENELEC v skladu s pravili CEN in CENELEC.
General Information
Relations
Standards Content (Sample)
SLOVENSKI STANDARD
01-marec-2024
Nadomešča:
SIST-V CEN/CLC Guide 10:2018
Politika distribucije, prodaje in avtorskih pravic za vsebine CEN-CENELEC
Policy on the distribution, sale and copyright of CEN and CENELEC Content
Ta slovenski standard je istoveten z: CEN/CLC Guide 10:2024
ICS:
01.120 Standardizacija. Splošna Standardization. General
pravila rules
2003-01.Slovenski inštitut za standardizacijo. Razmnoževanje celote ali delov tega standarda ni dovoljeno.
CEN-CENELEC
GUIDE
Policy on the distribution,
sale and copyright of CEN
and CENELEC Content
Edition 5, 2024-01
CEN and CENELEC decided to adopt this new CEN-CENELEC Guide 10 through CEN/AG C01/2024 and
CENELEC/CA AG66/C03 respectively. This document supersedes CEN-CENELEC Guide 10:2017.
European Committee for Standardization
European Committee for Electrotechnical Standardization
Rue de la Science, 23
B – 1040 Brussels – Belgium
Tel: +32 2 550 08 11
Fax: +32 2 550 08 19
www.cencenelec.eu
CEN-CENELEC Guide 10:2024 (E)
Contents Page
1 Scope and purpose . 4
2 Terms and definitions . 4
3 Granting of rights . 6
4 CEN and CENELEC . 7
5 Marketing and National Territory . 7
6 Value of the Content. 7
7 Protection measures . 8
8 Third Party Entities. 8
9 Exceptional sponsored access . 9
10 Draft Content and definitive texts . 9
Annex A Guidelines for licensing the Reproduction of selected parts of CEN and CENELEC
Publications or their National Implementations . 10
CEN-CENELEC Guide 10:2024 (E)
1 Scope and purpose
This Guide sets out the policy for the distribution, sale, copyright and therefore any Reproduction of Content.
Compliance with this Guide is mandatory for CEN, CENELEC, their respective Members, Organizations having
a cooperation framework or partnership agreement with CEN or CENELEC, CEN and CENELEC staff
members, experts, delegates, and other contributors to the work of Technical Committees or Working Groups
and other parties recognized by the CEN and CENELEC Rules.
Reproducing the Content, including structured data related to Publications, does not only fulfil the objective of
disseminating and encouraging the application of Publications throughout Europe and the rest of the world. It
is also the primary funding mechanism for standardization activities for many of the Members and a cornerstone
of the sustainability of the CEN and CENELEC standardization system. Therefore, the Reproduction of the
Content must be based on commercial principles and conducted in a way that secures the value of the Content
to CEN, CENELEC, their respective Members and the End-Users.
This Guide establishes practices in line with European Union (EU) competition law. As a result, this Guide is
not intended to give rise to or encourage any direct or indirect price fixing, market sharing and/or exchange of
commercially sensitive information between CEN, CENELEC and their respective Members. This Guide also
complies with the World Trade Organization (WTO) principles regarding dissemination of adopted standards,
including voluntary application, openness, effectiveness, and relevance in terms of availability to End-Users.
Any issue regarding the Reproduction of the Content that is not covered by this Guide or related documents, or
may require specification, shall be referred to the CEN and CENELEC Director General, who shall reasonably
seek the advice of the relevant governing bodies of CEN and CENELEC.
Any issue regarding compliance with this Guide shall be addressed to CCMC. In case of non-compliance with
this Guide, CCMC will take appropriate action according to the CEN and CENELEC Rules. In particular,
Members that do not comply with this Guide may ultimately be expelled from CEN or CENELEC according to
article 9.1.2 of the Statutes of CEN or CENELEC. Organizations having a cooperation framework or partnership
agreement with CEN or CENELEC, technical experts, delegates or other contributors to the work of Technical
Committees or Working Groups may be excluded from CEN and CENELEC activities, in accordance with the
CEN and CENELEC Rules.
2 Terms and definitions
For the purposes of this Guide, the following terms and definitions apply.
2.1
Organization having a cooperation framework or partnership agreement with CEN or CENELEC
Independent entity that is not a Member but has a cooperation framework or partnership agreement with CEN
or CENELEC acknowledged by the CEN and CENELEC Rules and approved by the CEN and CENELEC
General Assemblies, including
— Affiliates according to CEN-CENELEC Guide 12,
— Companion Standardization Bodies (“CSBs”) according to CEN-CENELEC Guide 13,
— Stakeholder organizations representing SMES, consumers, and social or societal interests,
— Other organizations or stakeholders according to CEN-CENELEC Guide 25,
— European stakeholders, including EFTA, the European Commission, and its Agencies,
— Standardization Organizations at national and regional levels
CEN-CENELEC Guide 10:2024 (E)
2.2
Active Marketing
Marketing the Content or a Derivative Work whilst actively approaching End-Users or a specific end user group.
In particular, Active Marketing is to
— engage in any advertising campaign in any media, whether by print, broadcasting, on the internet or any
other electronic means, specifically aimed at the National Territory of other Members,
— pay a search engine to show adverts to End-Users in the National Territory of other Members,
— establish any branch or maintain any distribution depot for Providing the Content or a Derivative Work to
End-Users in the National Territory of other Members,
— actively approach End-Users in the National Territory of other Members through direct marketing activity
or customer relations management, whether by email, phone call, website push technology, sales force
activity or similar, or
— respond to a call for tender when it is restricted to the National Territory of another Member
2.3
CEN and CENELEC Rules
The Statutes of CEN and CENELEC, the CEN-CENELEC Internal Regulations and decisions of the CEN and
CENELEC General Assemblies taken in accordance with the Statutes and Internal Regulations, including
Guides
2.4
Content
Every work produced according to the CEN and CENELEC Rules as part of the standardization work at every
stage of the development (including drafts and working documents), in whole or in parts, in any format. The
Content consists of
— Publications, and
— structured data relating to the Publications
2.5
Definitive text
Publication disseminated by CCMC, after approval according to the CEN and CENELEC Rules
2.6
Derivative Work
Product or service (e.g. publication, software, application, website, training) which includes (and thus
reproduces) the Content
2.7
End-User
Entity who ultimately uses or is intended to ultimately use the Content or a Derivative Work
2.8
Member
CEN National Standardization Body (NSB) and CENELEC National Committee (NC)
2.9
National Territory
Country in which the headquarters of a Member, or an Organization having a cooperation framework or
partnership agreement with CEN or CENELEC (including any regional standardization organization and the
territory(ies) of its Members), are located, including any of the country’s territories outside its main boundaries
CEN-CENELEC Guide 10:2024 (E)
2.10
Publication
Deliverable as defined according to the CEN and CENELEC Rules which groups parts of the Content which
are not structured data (e.g. text, picture), including European Standards, Technical Specifications, Technical
Reports and CWAs
2.11
Reproduction of Content
Any and all exploitation of the Content for any purpose, by any means and in any form, whether commercially
or not, including distributing the Content, granting mere access to the Content, translating the Content, text or
data mining of the Content, developing a Derivative Work or distributing such Derivative Work.
Reproduction consists in particular of
— CEN and CENELEC, via CCMC, providing Content to its Members and Organizations having a cooperation
framework or partnership agreement with CEN or CENELEC,
— Members distributing the Content directly to End-Users,
— Members developing a Derivative Work and distributing a Derivative Work directly or via Third Party Entities
to End-Users,
— Members providing the Content to Third Party Entities to let them develop a Derivative Work for the End-
User
2.12
Third Party Entity
Independent entity appointed by a Member to execute the Member’s rights in accordance with this Guide
2.13
Passive Marketing
Marketing the Content or a Derivative Work whilst responding to unsolicited requests from End-Users. In
particular, Passive Marketing is to
— advertise on a website and reference to a web shop in emails,
— answer questions initiated from End-Users, or
— respond to a call for tender when it is restricted to the National Territory of the Member concerned
3 Granting of rights
The Content is protected by national copyrights and related rights (e.g. literary works, illustrations, computer
programs, databases). Therefore, any Reproduction of the Content requires the consent (licence) of the holder
of those rights.
CEN and/or CENELEC are the owner of the rights to Reproduce the Content, as, in accordance with the CEN
and CENELEC Rules, each participant or other contributor (including, under specific terms, contributors like
ISO, IEC or others) involved in the development of the Content must grant the necessary rights to its contribution
to CEN and/or CENELEC. CEN and/or CENELEC ensure(s) that it/they have the necessary rights to exploit the
Content worldwide, in any format, at any time and to grant exploitation rights to Members and Organizations
having a cooperation framework or partnership agreement with CEN or CENELEC.
CEN and/or CENELEC grant according to the laws of Belgium each of their respective Members the right to
Reproduce the Content in accordance with this Guide. CEN and/or CENELEC may grant according to the laws
of Belgium an Organization having a cooperation framework or partnership agreement with CEN or CENELEC
the right to Reproduce the Content only in specific ways by means of a specific licence agreement in accordance
with this Guide. Any Reproduction of the Content which exceeds the rights explicitly granted and/or which is
not legally permissible according to applicable copyright law is prohibited.
CEN-CENELEC Guide 10:2024 (E)
When an organization ceases to be a Member or an Organization having a cooperation framework or
partnership agreement with CEN or CENELEC, for whatever reasons, all rights are immediately and
automatically withdrawn, including the right to Reproduce the Content within a Derivative Work. Such Members
or Organizations having a cooperation framework or partnership agreement with CEN or CENELEC that need,
as part of their obligations according to agreements with Third Party Entities or End-Users, to continue to
Reproduce the Content must refer to the Director General to negotiate time-limited potential options. Only the
CEN and CENELEC General Assemblies can decide to temporarily grant exploitation rights, or decide that such
rights are temporarily transferred, to another organization within the ceased Member’s National Territory, or the
National Territory of an Organization having a cooperation framework or partnership agreement with CEN or
CENELEC, until a new Member or Organization is formally designated.
4 CEN and CENELEC
CEN and CENELEC entrust CCMC to distribute the Content to Members through appropriate means or IT tools
according to the CEN and CENELEC Rules.
Furthermore, CCMC may distribute the Content and grant the right
— to Organizations having a cooperation framework or partnership agreement with CEN or CENELEC to
access the Content, through appropriate means or IT tools, and to use the Content internally as a source
of information, and
— to Affiliates, CSB’s or Standardization Bodies in National Territories where there is no Member to translate
the Content into the official language of its National Territory (Translation), to nationally implement the
Translation in identical form or with minor modifications (National Implementation), and to Reproduce the
National Implementation. In those cases, the Translation and/or the Reproduction of the National
Implementation in its National Territory does not have to be financially remunerated.
Neither CEN nor CENELEC, via CCMC or otherwise, shall Reproduce the Content in any other way, in particular
to distribute the Content to End-Users or to develop or to distribute a Derivative Work.
5 Marketing and National Territory
There is only on
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