CEN/CLC Guide 8:2019
(Main)CEN-CENELEC Guidelines for Implementation of the Common Policy on Patents (and other statutory intellectual property rights based on inventions)
CEN-CENELEC Guidelines for Implementation of the Common Policy on Patents (and other statutory intellectual property rights based on inventions)
CEN and CENELEC have had an intellectual property rights (IPR) policy for many years under the provision of the CEN-CENELEC Guide 8 "Standardization and intellectual property rights (IPR)"; the purpose of these common guidelines is to provide in simple words practical guidance to the participants in their technical bodies in case patent or other intellectual property rights matters arise.
For the sake of clarity this document refers to "patents", as most - but not all - IPR issues that CEN and CENELEC technical bodies have to deal with concern patent rights. However, the same implementation principles shall apply to other statutory intellectual property rights based on inventions that may arise, such as utility models or registered semiconductor topographies (see Clause 2, Terms and definitions).
Considering that technical experts are not normally familiar with the complex issue of patent law, the Common Patent Policy for ISO/IEC/ITU endorsed by CEN and CENELEC (hereafter referred to as the "Patent Policy") was drafted in its operative part as a checklist covering the three different cases which may arise if a deliverable requires licences for patents to be practiced or implemented, fully or partly.
These Guidelines for Implementation of the Common Policy on Patents for CEN and CENELEC (hereafter referred to as the "Guidelines") are intended to complement, clarify and facilitate the implementation of the Patent Policy, a copy of which can be found in Annex 1 and also on the websites of both organisations.
The CEN and CENELEC Patent Policy requests stakeholders participating in technical Committees, and in particular patent holders, to proceed to early disclosures and identification of patents that may be considered, at the best of their knowledge, to be essential for the future use of the deliverables under development. In doing so, greater efficiency in standards development is possible and potential patent rights problems can be avoided.
CEN and CENELEC are not involved in evaluating patent relevance or essentiality with regard to deliverables, nor to interfere with licensing negotiations, or engage in settling disputes on patents. This is left to the parties concerned.
Smernice CEN/CENELEC za izvajanje skupne politike na področju patentov (in drugih zakonsko določenih pravic intelektualne lastnine, ki temeljijo na izumih)
Organizaciji CEN in CENELEC sta več let imeli politiko o pravicah intelektualne lastnine (IPR) v skladu z določbo vodila CEN-CENELEC 8 »Standardizacija in pravice intelektualne lastnine (IPR)«; namen teh splošnih smernic je v preprostih besedah zagotoviti praktična navodila za udeležence pri tehničnih organih v primeru vprašanj, ki se pojavijo v zvezi s patentnimi pravicami ali drugimi pravicami intelektualne lastnine.
Zaradi večje jasnosti se ta dokument nanaša na »patente«, ker večina vprašanj (vendar ne vsa) v zvezi s pravicami intelektualne lastnine, ki jih obravnavajo tehnični organi CEN in CENELEC, zadevajo patentne pravice. Vendar pa se ista načela izvajanja uporabljajo za druge zakonsko določene pravice intelektualne lastnine, ki temeljijo na izumih, kot so uporabni modeli ali registrirane topografije polprevodnikov (glej 2. točko, Izrazi in definicije).
Ob upoštevanju, da tehnični strokovnjaki običajno niso seznanjeni z zapletenimi vprašanji patentnega prava, je bila v operativnem delu pripravljena skupna patentna politika za ISO/IEC/ITU, ki jo podpirata CEN in CENELEC (v nadaljevanju »patentna politika«) kot kontrolni seznam, ki zajema tri različne primere, ki se lahko pojavijo, če dokument zahteva uporabo ali izvajanje licence za patente, v celoti ali delno.
Te smernice za izvajanje skupne politike na področju patentov za CEN in CENELEC (v nadaljevanju »smernice«) so namenjene dopolnitvi, pojasnitvi in lažjemu izvajanju patentne politike, katere kopija je na voljo v dodatku 1 in tudi na spletnih mestih obeh organizacij.
Patentna politika CEN in CENELEC zahteva, da deležniki, ki sodelujejo v tehničnih odborih, in še posebej lastniki patentov, zgodaj razkrijejo in identificirajo patente, ki naj bi bili po njihovem ključni za prihodnjo uporabo dokumentov v razvoju. S tem je mogoča večja učinkovitost pri razvijanju standardov, morebitnim težavam s patentnimi pravicami pa se je tako mogoče izogniti.
Organizaciji CEN in CENELEC nista vključeni v ocenjevanje pomembnosti ali nujnosti patentov v zvezi z dokumenti, prav tako pa ne vplivata na pogajanja glede licenc ali razrešujeta sporov glede patentov. To je prepuščeno zadevnim strankam.
General Information
Overview
CEN/CLC Guide 8:2019 - CEN‑CENELEC Guidelines for Implementation of the Common Policy on Patents (and other statutory intellectual property rights based on inventions) - provides practical guidance for implementing the joint CEN/CENELEC patent policy during European standards development. It explains obligations and processes for early identification and disclosure of essential patents (and comparable rights such as utility models) and supplements the Common Patent Policy used by ISO/IEC/ITU. The Guide clarifies how technical bodies should handle patent-related issues, declaration forms, meeting conduct and public patent information.
Key topics
- Essential patent disclosure: Requests participants to disclose, as early as possible and to the best of their knowledge, patents that may be essential to the implementation of a draft or published deliverable.
- Declaration Form: A standardised Statement and Licensing Declaration (Annex 2) used by patent holders to declare willingness to license under FRAND (Fair, Reasonable And Non‑Discriminatory) or free‑of‑charge terms, or to explain refusal.
- Conduct of meetings and duties of chairs: Chairs should ask about known essential patents at appropriate meeting points and record responses in meeting reports.
- Patent Information list: CEN and CENELEC maintain a public database reflecting submitted Declaration Forms; this list alerts implementers to potential licensing needs (not a legal verification).
- Notices in drafts and publications: Templates for cover page requests and foreword/introduction notices that inform readers about possible patent rights affecting a deliverable.
- Scope beyond patents: Principles apply to other statutory IPRs based on inventions (e.g., utility models, semiconductor topographies).
Applications
- Ensures transparency in standards development by flagging potential patent-encumbered technologies early.
- Helps technical committees design standards that minimise patent conflicts or document licensing positions.
- Supports implementers, manufacturers and procurement teams in assessing potential licensing obligations when adopting a standard.
- Provides IP/legal teams and patent holders a clear route to submit licensing declarations and contact information.
Who uses this standard?
- Technical Committee Chairs, Working Group conveners and secretaries in CEN/CENELEC.
- Patent holders and corporate IP departments submitting Declaration Forms.
- Standards developers, product designers, legal counsel and procurement professionals assessing standard adoption risks.
Related standards
- The Guide complements the Common Patent Policy endorsed by ISO/IEC/ITU (annexed to the document). Relevant keywords: CEN/CLC Guide 8:2019, patent policy, IPR, essential patent disclosure, FRAND, Declaration Form, Patent Information list, standards development.
Frequently Asked Questions
CEN/CLC Guide 8:2019 is a guide published by the European Committee for Standardization (CEN). Its full title is "CEN-CENELEC Guidelines for Implementation of the Common Policy on Patents (and other statutory intellectual property rights based on inventions)". This standard covers: CEN and CENELEC have had an intellectual property rights (IPR) policy for many years under the provision of the CEN-CENELEC Guide 8 "Standardization and intellectual property rights (IPR)"; the purpose of these common guidelines is to provide in simple words practical guidance to the participants in their technical bodies in case patent or other intellectual property rights matters arise. For the sake of clarity this document refers to "patents", as most - but not all - IPR issues that CEN and CENELEC technical bodies have to deal with concern patent rights. However, the same implementation principles shall apply to other statutory intellectual property rights based on inventions that may arise, such as utility models or registered semiconductor topographies (see Clause 2, Terms and definitions). Considering that technical experts are not normally familiar with the complex issue of patent law, the Common Patent Policy for ISO/IEC/ITU endorsed by CEN and CENELEC (hereafter referred to as the "Patent Policy") was drafted in its operative part as a checklist covering the three different cases which may arise if a deliverable requires licences for patents to be practiced or implemented, fully or partly. These Guidelines for Implementation of the Common Policy on Patents for CEN and CENELEC (hereafter referred to as the "Guidelines") are intended to complement, clarify and facilitate the implementation of the Patent Policy, a copy of which can be found in Annex 1 and also on the websites of both organisations. The CEN and CENELEC Patent Policy requests stakeholders participating in technical Committees, and in particular patent holders, to proceed to early disclosures and identification of patents that may be considered, at the best of their knowledge, to be essential for the future use of the deliverables under development. In doing so, greater efficiency in standards development is possible and potential patent rights problems can be avoided. CEN and CENELEC are not involved in evaluating patent relevance or essentiality with regard to deliverables, nor to interfere with licensing negotiations, or engage in settling disputes on patents. This is left to the parties concerned.
CEN and CENELEC have had an intellectual property rights (IPR) policy for many years under the provision of the CEN-CENELEC Guide 8 "Standardization and intellectual property rights (IPR)"; the purpose of these common guidelines is to provide in simple words practical guidance to the participants in their technical bodies in case patent or other intellectual property rights matters arise. For the sake of clarity this document refers to "patents", as most - but not all - IPR issues that CEN and CENELEC technical bodies have to deal with concern patent rights. However, the same implementation principles shall apply to other statutory intellectual property rights based on inventions that may arise, such as utility models or registered semiconductor topographies (see Clause 2, Terms and definitions). Considering that technical experts are not normally familiar with the complex issue of patent law, the Common Patent Policy for ISO/IEC/ITU endorsed by CEN and CENELEC (hereafter referred to as the "Patent Policy") was drafted in its operative part as a checklist covering the three different cases which may arise if a deliverable requires licences for patents to be practiced or implemented, fully or partly. These Guidelines for Implementation of the Common Policy on Patents for CEN and CENELEC (hereafter referred to as the "Guidelines") are intended to complement, clarify and facilitate the implementation of the Patent Policy, a copy of which can be found in Annex 1 and also on the websites of both organisations. The CEN and CENELEC Patent Policy requests stakeholders participating in technical Committees, and in particular patent holders, to proceed to early disclosures and identification of patents that may be considered, at the best of their knowledge, to be essential for the future use of the deliverables under development. In doing so, greater efficiency in standards development is possible and potential patent rights problems can be avoided. CEN and CENELEC are not involved in evaluating patent relevance or essentiality with regard to deliverables, nor to interfere with licensing negotiations, or engage in settling disputes on patents. This is left to the parties concerned.
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Standards Content (Sample)
SLOVENSKI STANDARD
01-julij-2019
Smernice CEN/CENELEC za izvajanje skupne politike na področju patentov (in
drugih zakonsko določenih pravic intelektualne lastnine, ki temeljijo na izumih)
CEN-CENELEC Guidelines for Implementation of the Common Policy on Patents (and
other statutory intellectual property rights based on inventions)
Ta slovenski standard je istoveten z: CEN/CLC Guide 8:2019
ICS:
03.140 Patenti. Intelektualna lastnina Patents. Intellectual property
2003-01.Slovenski inštitut za standardizacijo. Razmnoževanje celote ali delov tega standarda ni dovoljeno.
CEN-CENELEC
GUIDE
CEN-CENELEC Guidelines
for Implementation of the
Common Policy on Patents
(and other statutory intellectual
property rights based on inventions)
Edition 2, 2019-05
(Supersedes CEN-CENELEC Guide 8:2015)
CEN and CENELEC decided by correspondence to adopt this revised CEN-CENELEC Guide 8 on 2019-04-28 with
CEN/AG Resolution 03/2019 and CENELEC/AG Decision AG59/C10.
European Committee for Standardization
Tel: +32 2 550 08 11
Fax: +32 2 550 08 19
European Committee for Electrotechnical Standardization
Tel: +32 2 519 68 71
Fax: +32 2 550 08 19
Rue de la Science 23
1040 Brussels – Belgium
www.cen.eu
www.cenelec.eu
www.cencenelec.eu
CEN-CENELEC Guide 8:2019
Contents Page
1 Purpose . 4
2 Terms and definitions . 4
3 Essential patent disclosure . 6
4 Statement and Licensing Declaration for CEN and CENELEC Deliverable of
Essential Patents and other statutory Intellectual Property Rights based on
inventions . 6
4.1 Purpose of the Declaration Form . 6
4.2 Relevant information . 7
5 Conduct of meetings and duties of Chairs . 8
6 Patent Information list . 8
7 Specific provisions . 8
7.1 Consultations on draft Deliverables . 8
7.2 Notification . 8
7.3 Irrevocable licensing declarations on Essential Patent and transfer of
ownership to third parties . 9
7.4 Multiple patents declared . 9
Annex 1.11
Annex 2.13
Annex 3.16
CEN-CENELEC Guide 8:2019
CEN-CENELEC Guidelines for Implementation of the
Common Policy on Patents (and other statutory
intellectual property rights based on inventions)
"Rules for Mariners caught on a lee shore:
Rule 1. Don't get caught on a lee shore!"
English Seamen's Manual, 18th century
1 Purpose
CEN and CENELEC have had an intellectual property rights (IPR) policy for many years
under the provision of the CEN-CENELEC Guide 8 “Standardization and intellectual
property rights (IPR)”; the purpose of these common guidelines is to provide in simple
words practical guidance to the participants in their technical bodies in case patent or
other intellectual property rights matters arise.
For the sake of clarity this document refers to “patents”, as most - but not all - IPR issues
that CEN and CENELEC technical bodies have to deal with concern patent rights.
However, the same implementation principles shall apply to other statutory intellectual
property rights based on inventions that may arise, such as utility models or registered
semiconductor topographies (see Clause 2, Terms and definitions).
Considering that technical experts are not normally familiar with the complex issue of
patent law, the Common Patent Policy for ISO/IEC/ITU endorsed by CEN and CENELEC
(hereafter referred to as the “Patent Policy”) was drafted in its operative part as a checklist
covering the three different cases which may arise if a deliverable requires licences for
patents to be practiced or implemented, fully or partly.
These Guidelines for Implementation of the Common Policy on Patents for CEN and
CENELEC (hereafter referred to as the “Guidelines”) are intended to complement, clarify
and facilitate the implementation of the Patent Policy, a copy of which can be found in
Annex 1 and also on the websites of both organisations.
The CEN and CENELEC Patent Policy requests stakeholders participating in technical
Committees, and in particular patent holders, to proceed to early disclosures and
identification of patents that may be considered, at the best of their knowledge, to be
essential for the future use of the deliverables under development. In doing so, greater
efficiency in standards development is possible and potential patent rights problems can
be avoided.
CEN and CENELEC are not involved in evaluating patent relevance or essentiality with
regard to deliverables, nor to interfere with licensing negotiations, or engage in settling
disputes on patents. This is left to the parties concerned.
2 Terms and definitions
For the purposes of this Guide, the following terms and definitions apply:
CEN-CENELEC Guide 8:2019
2.1
contribution
document submitted for consideration by a technical body
2.2
declaration Form
“Statement and Licensing Declaration for a CEN and CENELEC Deliverable” attached as
Annex 2
2.3
deliverable
CEN and/or CENELEC technical publication
2.4
patent
temporary, limited legal right granted to an inventor by public authorities to prevent others
from manufacturing, selling or otherwise dispose utility models and other statutory rights
based on her/his invention, including any applications for any of the foregoing
2.5
patent holder
person or entity that owns, controls and/or has the ability to license Patents
2.6
essential patent
patent considered, for the purpose of making a patent declaration to CEN and CENELEC,
by the patent holder as 'essential' when, in her/his own judgment, it is not possible on
technical grounds, considering the state of the art at the time the standardisation-making
process takes place, to make, sell, lease and otherwise dispose an equipment, product or
method which comply with a deliverable without infringing her/his IPR on that Patent.
2.7
organisation(s)
CEN and/or CENELEC
2.8
free of charge
as used herein, without due payment to the patent holder as part of the licensing
arrangement for the purpose of making a patent declaration to CEN and CENELEC
2.9
reciprocity
as used herein, requirement for the patent holder to give a license to any prospective
licensee only if such prospective licensee will commit to license, where applicable, its
essential patent(s) or essential patent claim(s) for implementation of the same above
document free of charge or under reasonable terms and conditions
2.10
technical bodies
Technical Committees, Subcommittees, Working Groups, Workshops and other groups in
CEN and CENELEC
CEN-CENELEC Guide 8:2019
2.11
FRAND
Fair, Reasonable And Non-Discriminatory conditions
3 Essential patent disclosure
Any party participating in the work of CEN and CENELEC is requested, from the outset
and at the best of her/his knowledge, to draw attention to any known patent or to any
known pending application on patent, either their own or of other organisations that,
according to her/his own judgment, may be considered as an essential patent for the
deliverable.
In this context, the words “from the outset” imply that such information should be disclosed
as early as possible during the development of the deliverable. It is understood that
disclosure might not be possible when the first draft text appears since, at this time, the
text might be still too vague or subject to subsequent major modifications.
Information on essential patents should be provided in good faith and on a best effort
basis, but there is no requirement for patent searches.
In addition to the above, any party not participating in technical bodies may draw the
attention of both organisations to any known patent, either their own and/or of any third
party that may be considered as essential for the deliverable.
When disclosing their own patents, patent holders shall use the declaration form as stated
in Clause 4 of these Guidelines.
Any communication drawing the attention to any third-party patent shall be addressed to
CEN or CENELEC in writing. The potential patent holder will then be requested by the
relevant organisation to submit a declaration form.
The Patent Policy and these Guidelines also apply to any Patent disclosed or drawn to the
attention of CEN and CENELEC subsequent to the approval of a deliverable.
Whether the identification of the essential patent took place before or after the approval of
the deliverable, if the patent holder is unwilling to license under Paragraph 2.1 or 2.2 of
the Patent Policy, the concerned organisation shall promptly advise the technical bodies
responsible for the affected deliverable so that appropriate action can be taken. Such
action shall include, but may not be limited to, a review of the deliverable or its draft in
order to remove the potential conflict or to further examine and clarify the technical
considerations causing the conflict.
4 Statement and Licensing Declaration for CEN and CENELEC Deliverable of
Essential Patents and other statutory Intellectual Property Rights based on
inventions
4.1 Purpose of the Declaration Form
Patent holders shall use the CEN-CENELEC Declaration Form to provide the necessary
information to be included in the CEN and CENELEC Patent Information databases. The
CEN-CENELEC Declaration Form is available on the website of each organisation (the
Declaration Form is included in Annex 2 for information purposes). Declaration Forms
must be sent to the attention of the Director Standards of the CEN-CENELEC
Management Centre.
CEN-CENELEC Guide 8:2019
The purpose of the Declaration Form is to ensure a standardised submission to CEN and
CENELEC of the declarations being made by patent holders and, most importantly, in
case the patent holder declares her/his unwillingness to license under option 1 or 2 of the
Declaration Form (i.e. declares option 3 of the Declaration Form) to provide the supporting
information and an explanation, as strongly desired by CEN and CENELEC.
The Declaration Form gives patent holders the means of making a licensing declaration
relating to rights in the essential patents required for implementation of a specific
deliverable. Specifically, by submitting this Declaration Form, the submitting party
declares its willingness/unwillingness to license the patents held by it and whose licence
would be required to practice or implement part(s) or all of a specific deliverable, in
accordance with the Patent Policy.
The statement contained in the Declaration Form remains in force as long as it has not
been replaced, e.g. in case of obvious errors.
Multiple Declaration Forms are appropriate if the patent holder has identified several
essential patents and classifies them in different options of the Declaration Form and/or if
the patent holder classifies different claims of a complex patent in different options of the
Declaration Form.
The words “free of charge” in the Declaration Form do not mean that the patent holder is
waiving all of its rights with respect to the essential patent. Rather, it refers to the issue of
monetary compensation; i.e. that the patent holder will not seek any monetary
compensation as part of the licensing arrangement (whether such compensation is called
a royalty, a one-time licensing fee, etc.). However, while the patent holder in this situation
is committing to not charging any monetary amount, the patent holder is still entitled to
require that the implementer of the above document sign a licence agreement that
contains other reasonable terms and conditions such as those relating to governing law,
field of use, reciprocity, warranties, etc.
4.2 Relevant information
In completing Declaration Forms, attention should be given to supplying contact
information that will remain valid over time. Where possible, the “Name and Department”
and e-mail address should be generic. Also it is preferable, where possible, that parties,
particularly multinational organisations, indicate the same contact point on all Declaration
Forms submitted.
With a view to maintaining up-to-date information in the patent information database of
each organisation, the patent holder is requested to inform the CEN-CENELEC
Management Centre of any change or corrections to the content of the information
provided in the Declaration Form submitted in the past, especially with regard to the
contact person, or information that may be relevant for the purpose of the Declaration
e.g. in case the relevant patent application has been granted or rejected, or information
regarding changes to the legal status of the relevant patent application or patent.
Any other party that may have relevant updated information on the list of the patent
database, is also invited to inform the CEN-CENELEC Management Centre.
CEN-CENELEC Guide 8:2019
5 Conduct of meetings and duties of Chairs
Early disclosure of essential patents contributes to the efficiency of the process by which
deliverables are established. Therefore, in the course of the development of a deliverable,
technical experts participating in the technical body are requested to inform about - or to
disclosure if relevant - any patent that, according to their own judgment, may be
considered as an essential patent for the proposed deliverable. Technical experts are
deemed to provide such information on any known essential patents in good faith and at
the best of their knowledge.
In particular, the Chair of technical bodies will ask, at an appropriate time in each meeting,
whether anyone has knowledge of essential patents, the use of which may be required to
practice or implement the deliverable being considered. The fact that the question was
asked shall be recorded in the meeting report, along with any affirmative responses.
Provided the patent holder(s) is prepared to grant licences on “free of charge” or “FRAND”
condition on those essential patent that are included in the draft deliverable, the latter can
be processed for final approval. In any event, it is expected that discussions in the
technical bodies also include considerations on possible patented material in a
deliverable. However, it is important to underline that the technical bodies may not take
position regarding the scope, validity or specific licensing terms of any claimed essential
patents.
6 Patent Information list
In order to facilitate both the standards-making process and the implementation of
deliverables, CEN and CENELEC make available to the public a common Patent
Information list composed of the information that was communicated to the organisations
by the means of Declaration Forms. The Patent Information list may contain information
on specific patents, or may contain information about compliance with the Patent Policy
for a particular deliverable.
The common Patent Information list is not certified to be either accurate or complete, but it
only reflects the information that has been communicated to the organisations.
As such, the Patent Information list is to be viewed as simply raising a flag to alert
standard users that they may wish to contact the entities who have communicated
Declaration Forms to CEN and CENELEC in order to determine if patent licences must be
obtained for use or implementation of a particular deliverable.
7 Specific provisions
7.1 Consultations on draft Deliverables
All drafts submitted for comment shall include on the cover page the following text:
“Recipients of this draft a
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The article discusses the CEN/CLC Guide 8:2019, which provides guidelines for the implementation of the Common Policy on Patents and other statutory intellectual property rights. The purpose of the guidelines is to provide practical guidance to participants in technical bodies when dealing with patent or intellectual property rights issues. While the document primarily focuses on patents, it also applies to other intellectual property rights based on inventions. The guidelines aim to assist technical experts who may not be familiar with patent law. They complement and facilitate the implementation of the Patent Policy endorsed by CEN and CENELEC. The Patent Policy requires stakeholders to disclose and identify patents that may be essential for the future use of deliverables under development, promoting efficiency and avoiding patent rights problems. CEN and CENELEC do not evaluate patents or engage in licensing negotiations or disputes, leaving those matters to the parties involved.
CEN 및 CENELEC은 CEN-CENELEC 가이드 8 "표준 및 지적 재산권(IPR)에 대한 가이드"를 통해 오랜 기간 동안 지적 재산권(IPR) 정책을 가지고 있었습니다. 이 공통 가이드의 목적은 특허 또는 다른 지적 재산권 문제가 발생할 경우 기술 기관의 참가자들에게 실질적인 지침을 제공하기 위한 것입니다. 명확성을 위해 이 문서는 CEN 및 CENELEC 기술 기관이 다루어야 할 대부분의 IPR 문제가 특허권과 관련이 있으므로 "특허"로 지칭합니다. 그러나 동일한 구현 원칙은 특허권에 기반한 다른 법적 지적 재산권(예: 실용 신안 또는 등록된 반도체 토폴로지)에도 적용됩니다(2조, 용어 및 정의 참조). 기술 전문가들이 일반적으로 특허법의 복잡한 문제에 익숙하지 않기 때문에, CEN 및 CENELEC에서 인가한 ISO/IEC/ITU의 공동 특허 정책(이하 "특허 정책")은 사용하거나 적용하기 위해 특허에 대한 라이선스가 필요한 경우 발생할 수 있는 세 가지 다른 상황을 다루는 체크리스트로 작성되었습니다. CEN 및 CENELEC을 위한 이 특허 공동 정책 시행 지침(이하 "지침")은 특허 정책의 구현을 보충하고 명확히하며 용이하게하기 위해 작성되었습니다. 특허 정책은 부록 1과 두 기관의 웹사이트에서 찾을 수 있는 사본으로 제공됩니다. CEN 및 CENELEC의 특허 정책은 기술 위원회에 참여하는 이해관계자, 특허 보유자들에게 조기의 공개 및 특허 식별을 요구합니다. 개발 중인 성과물의 미래적 사용에 필수적으로 간주될 수 있는 특허를 최선의 지식으로 식별합니다. 이렇게 하면 표준 개발의 효율성이 증대되고 잠재적인 특허권 문제를 피할 수 있습니다. CEN 및 CENELEC은 성과물과 관련하여 특허의 관련성이나 필수성을 평가하거나 라이선스 협상에 개입하거나 특허 분쟁을 해결하지 않습니다. 이는 관련 당사자에게 맡겨집니다.
記事のタイトル：CEN/CLCガイド8：2019-CEN-CENELEC特許に関する共通ポリシーの実施に関するガイドライン（および他の法的知的財産権） 記事内容：CENとCENELECは、CEN-CENELECガイド8「標準化と知的財産権（IPR）」の規定に基づいて、長年にわたり知的財産権（IPR）ポリシーを持っています。これらの共通ガイドラインの目的は、特許または他の知的財産権の問題が発生した場合に、技術機関の参加者に実践的なガイダンスを提供することです。 明確さのために、この文書では、CENとCENELECの技術機関が扱うほとんどのIPR問題が特許権に関連しているため、「特許」という用語を使用しています。ただし、同じ実施原則は、ユーティリティモデルや登録半導体トポグラフィなど、発明に基づく他の法的知的財産権にも適用されます（2条、用語と定義参照）。 技術専門家は通常、特許法の複雑な問題には馴染みがありませんので、CENとCENELECが承認したISO / IEC / ITUの共通特許ポリシー（以下「特許ポリシー」と呼ぶ）は、納品物の実施または実装に特許のライセンスが必要な場合に生じる3つの異なる状況を網羅するチェックリストとして作成されました。 CENとCENELECのための「特許ポリシーの実施ガイドライン」（以下「ガイドライン」と呼ぶ）は、特許ポリシーの実施を補完し、明確化し、容易にすることを目的としています。CENとCENELECの両組織のウェブサイトにも掲載されています。 CENとCENELECの特許ポリシーは、技術委員会に参加する利害関係者、特に特許権者に対して、開発中の成果物の将来の使用に不可欠とされる特許の早期開示と特定を求めています。これにより、標準の開発の効率が向上し、特許権に関する問題を回避することができます。 CENとCENELECは、納品物に関連する特許の関連性や必要性を評価したり、ライセンス交渉や特許紛争に介入したりすることはありません。これらの問題は関係当事者に委ねられています。
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